THE PRESIDENCY

EXECUTIVE OFFICE OF THE PRESIDENT

Telephone: Nairobi NAIROBI METROPOLITAN SERVICES
020 – 2297000
020 – 8022676
MAMA LUCY KIBAKI HOSPITAL-EMBAKASI
E-mail : [email protected]
P.O. Box 1278-00515
BURUBURU-NAIROBI
When replying please quote .

REQUEST FOR PROPOSAL (RFP)

SUPPLY, INSTALLATION, CONFIGURATION, CUSTOMIZATION,

TESTING, COMMISSIONING AND MAINTENANCE OF A
HEALTH MANAGEMENT INFORMATION ENTERPRISE
RESOURCE PLANNING (ERP) SYSTEM FOR MLKH

TENDER NUMBER: MLKH/NMS/RFP-007/2021-2022-2023

CLOSING DATE: TUESDAY, 14TH JUNE, 2022

TIME: 10.00 AM

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SECTION 1: LETTER OF INVITATION

REF: RFP F O R SUPPLY, INSTALLATION, CONFIGURATION, CUSTOMIZATION, TESTING,

COMMISSIONING AND MAINTENANCE OF A HEALTH MANAGEMENT INFORMATION
ENTERPRISE RESOURCE PLANNING (ERP) SYSTEM FOR MLKH.

The Mama Lucy Kibaki Hospital (MLKH) is soliciting Proposals from firms who are
interested and qualified to perform the design, implementation, and support of a Cloud-
Based SaaS, (Software as a Service), Health Records Information Management ERP system
(HMIS ERP) and associated hardware, hereinafter referred to as “System or HMIS ERP”.
Through the procurement of a new System, MLKH would like to modernize its current
health records management capabilities, integrate health service delivery, improve upon
its ability to share data, increase end-user efficiency, and form a beneficial long-term
partnership with a systems provider.
MLKH invites sealed bids from eligible bidders for Supply, Installation, Configuration,
Customization, Testing, Commissioning and Maintenance of an ERP System.
Detailed Request for Proposal (RFP) documents detailing the requirements can be
Downloaded free of charge from our website; www.mamalucykibakihospital.or.ke or
from the National Suppliers portal: www.tenders.go.ke

A completed Request for Proposal (RFP) Technical Proposal document in plain sealed
outer envelope enclosing separately sealed envelopes (in “original” and “copy”
properly bound) and a completed Request for Proposal (RFP) Financial Proposal
document in plain sealed outer envelope enclosing separately sealed envelope (in
“original” and properly bound) shall be placed in an outer envelope, sealed and clearly
marked, “DO NOT OPEN” NMS/MLKH/RFP/007/2021/2022/2023 – SUPPLY,
INSTALLATION, CONFIGURATION, CUSTOMIZATION, TESTING, COMMISSIONING
AND MAINTENANCE OF A HEALTH MANAGEMENT INFORMATION ENTERPRISE
RESOURCE PLANNING (ERP) SYSTEM should be deposited in MLKH Tender Box at
the entrance of the Hospital’s procurement offices. MLKH is situated off Kangundo
road along Spine road, or mail to P. O. Box 1278 -00515, Buruburu to reach us on or
before TUESDAY,14TH JUNE,2022 At 10.00 AM East Africa Time and should be
addressed to:

The Medical superintendent

Mama Lucy Kibaki Hospital
P.O. Box 1278 -00515,
Buruburu

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TABLE OF CONTENTS

2.1 INTRODUCTION..............................................................................................6

2.2 CLARIFICATION AND AMENDMENT OF RFP DOCUMENTS ..............................................6

2.3 PREPARATION OF TECHNICAL PROPOSAL…………………………………………………………………………………7

2.4 PREPARATION OF FINANCIAL PROPOSAL.................................................................8

2.5 SUBMISSION, RECEIPT, AND OPENING OF PROPOSALS.................................................9

2.6 PROPOSAL EVALUATION GENERAL........................................................................9

2.7 EVALUATION OF TECHNICAL PROPOSAL .................................................................10

2.8 PUBLIC OPENING AND EVALUATION OF FINANCIAL PROPOSAL .......................................10

2.9 NEGOTIATIONS ..............................................................................................11

2.10 AWARD OF CONTRACT....................................................................................12

2.11 CONFIDENTIALITY .........................................................................................13

2.12 CORRUPT OR FRAUDULENT PRACTICES ................................................................13

APPENDIX TO INFORMATION TO CONSULTANTS.............................................................14

OTHER REQUIREMENTS:..........................................................................................

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SECTION 2. INSTRUCTIONS TO CONSULTANTS AND BID DATA SHEET

Section 2(a). Instructions to Consultants (ITC)

A: GENERALPROVISIONS

1. Meanings/Definitions

a) “Affiliate(s)” means an individual or an entity that directly or indirectly

controls, is controlled by, or is under common control with the Consultant.

b) “Applicable Law” means the laws and any other instruments having the force
of law in Kenya.

c) “Procuring Entity” means the entity that is carrying out the consultant selection
process and signs the Contract for the Services with the selected Consultant.

d) “Consultant” means a legally-established professional consulting firm or an entity

that may provide or provides the Services to MLKH under the Contract.

e) “Contract” means a legally binding written agreement signed between MLKH and
the Consultant and includes all the attached documents listed in its Clause 1 (the
General Conditions of Contract (GCC), the Special Conditions of Contract (SCC),
and the Appendices).

f) “Data Sheet” means an integral part of the Instructions to Consultants (ITC)

Section2thatisusedtoreflect specific assignment conditions to supplement, but
not to over-write, the provisions of the ITC.

g) “Day” means a calendar day unless otherwise specified as "Business Day". A Business
Day is any day that is an official working day in Kenya and excludes official public
holidays.

h) “Experts” means, collectively, Key Experts, Non-Key Experts, or any other

personnel of the Consultant, Sub-consultant or Joint Venture member(s).

i) “Government” means the Government of the Republic of Kenya.

j) “In writing “means communicated in written form such as by mail, e-mail, fax,
including, if specified in the Data Sheet, distributed or received through the
electronic-procurement system used by MLKH with proof of receipt.

k) “Joint Venture (JV)” means an association with or without a legal personality distinct
from that of its members, of more than one Consultant where one member has the
authority to conduct all business for and on behalf of any and all the members of
the JV, and where the members of the JV are jointly and severally liable to MLKH
for the performance of the Contract.

l) “Key Expert(s)” means an individual professional whose skills, qualifications,

knowledge and experience are critical to the performance of the Services under
the Contract and whose CV is considered in the technical evaluation of the
Consultant's proposal.

m) “ITC” (this Section2 of the RFP) means the Instructions to Consultants that provides
the Consultants with all information needed to prepare their Proposals.

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 n) “Letter of RFP” means the letter of invitation being sent by MLKH to the Consultants.

o) “Non-Key Expert(s)” means an individual professional provided by the

Consultant or its Sub-consultant and who is assigned to perform the Services or
any part thereof under the Contract and whose CVs are not evaluated
individually.
p) “Proposal” means the Technical Proposal and the Financial Proposal of the Consultant.

q) “Public Procurement Regulatory Authority (PPRA)” means the statutory

authority of the Government of Kenya that is mandated with the role of
regulating and monitoring compliance with the public procurement law and
regulations.

r) “RFP” means the Request for Proposals to be prepared by MLKH for the selection of
consultants.

s) “Services” means the work to be performed by the Consultant pursuant to the Contract.

t) “Sub-consultant” means an entity to whom the Consultant intends to subcontract

any part of the Services while the Consultant remains responsible to MLKH
during the whole performance of the Contract.

u) “Terms of Reference (TORs)” means the Terms of Reference that explains the
objectives, scope of work, activities, and tasks to be performed, respective
responsibilities of MLKH and the Consultant, and expected results and deliverables
of the assignment.
2. Introduction

2.0 MLKH invites interested, eligible and qualified firms with relevant experience in
similar undertakings to submit their bids for supply, installation, configuration,
customization, testing, commissioning and maintenance of a health management
information enterprise resource planning (ERP) system.

2.1 The Consultants are invited to submit a Technical Proposal and a Financial
Proposal in separate envelopes.

2.2 The consultants must familiarize themselves with local conditions and take them
into account in preparing their proposals. To obtain first-hand information on
the assignment and on the local conditions, consultants are encouraged to liaise
with the Client regarding any information that they may require before
submitting a proposal.

2.3 MLKH will timely provide, at no cost to the Consultants, the inputs, relevant
project data, and reports required for the preparation of the Consultant's
Proposal as specified in the Data Sheet.

3. Conflict of Interest

3.1 The Consultant is required to provide professional, objective, and impartial

advice, always holding MLKH’s interest's paramount, strictly avoiding conflicts
with other assignments or its own corporate interests and acting without any
consideration for future work.

3.2 The Consultant has an obligation to disclose to MLKH any situation of actual or
potential conflict that impacts its capacity to serve the best interest of

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 MLKH. Failure to disclose such situations may lead to disqualification of the
Consultant or termination of its Contract.

3.3 Without limitation on the generality of the foregoing, and unless stated otherwise
in the Data Sheet, the Consultant shall not be hired under the circumstances set
forth below:
i) Conflicting Activities
Conflict between consulting activities and procurement of goods, works or non-
consulting services: a firm that has been engaged by MLKH to provide goods, works, or
non- consulting services for a project, or any of its Affiliates, shall be disqualified from
providing consulting services resulting from or directly related to those goods, works,
or non-consulting services. Conversely, a firm hired to provide consulting services for
the preparation or implementation of a project, or any of its Affiliates, shall be
disqualified from subsequently providing goods or works or non- consulting services
resulting from or directly related to the consulting services for such preparation or
implementation.
ii) Conflicting Assignments
Conflict among consulting assignments: A Consultant (including its Experts and Sub-
consultants) or any of its Affiliates shall not be hired for any assignment that, by its nature,
may conflict with another assignment of the Consultant for the same or for another
Procuring Entity.
iii) Conflicting Relationships
Relationship with MLKH's staff: a Consultant (including its Experts and Sub- consultants)
that has a close business or personal relationship with senior management or professional
staff of MLKH who has the ability to influence the bidding process and: (i) are directly or
indirectly involved in the preparation of the Terms of Reference for the assignment, (ii)
the selection process for the Contract, or
(iii) the supervision of the Contract, may not be awarded a Contract, unless the conflict
stemming from such relationship has been resolved in a manner that determines there
is no conflict to affect this selection process.
iv) Others
Any other types of conflicting relationships as indicated in the Data Sheet.

4. Unfair Competitive Advantage

4.1 Fairness and transparency in the selection process require that the Consultants
or their Affiliates competing for a specific assignment do not derive a competitive
advantage from having provided consulting services related to the assignment
in question. To that end, MLKH shall indicate in the Data Sheet and make available
to all Consultants together with this RFP all information that would in that respect
give such Consultant any unfaircompetitive advantage over competing Consultants.
5. Corrupt and Fraudulent Practices

5.1 Consultant firms or any of its members shall not be involved in corrupt, coercive,
obstructive, collusive or fraudulent practice. Consultant firms or any of its
members that are proven to have been involved in any of these practices shallbe
automatically be disqualified and would not be awarded a contract.
6 Collusive practices

6.1 MLKH requires compliance with the provisions of the Competition Act 2010,
regarding collusive practices in contracting. Any Consultant found to have engaged
in collusive conduct shall be disqualified and criminal and/or civil sanctions maybe
imposed. To this effect, Consultants shall be required to complete and sign the

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 “Certificate of Independent Proposal Determination” annexed to the Proposal Form.
6.2 In further pursuance of this policy, Consultants shall permit and shall cause their
agents (where declared or not), sub-vendors, sub-consultants, service providers,
suppliers, and their personnel, to permit the Government and its agencies to inspect
all accounts, records and other documents relating to any short-listing process,
Proposal submission, and contract performance (in the case of award), and to have
them audited by auditors, investigators or compliance officers.

7 Eligibility

7.1 In selection of consultants, short-listing shall be composed of firms or individuals who

belong to the same line of professional business and who are almost of the same
capability.

7.2 Unless otherwise specified in the Data Sheet, MLKH permits Consultants including
proposed experts, joint ventures and individual members from all countries and
categories to offer consulting services. The maximum number of members so far JV
shall be specified in the TDS.

7.3 The Competition Act of Kenya requires that firms wishing to tender as Joint Venture
undertakings which may prevent, distort or lessen competition in provision of
services are prohibited unless they are exempt in accordance with the provisions of
Section 25 of the Competition Act, 2010. JVs will be required to seek for exemption
from the Competition Authority. Exemption shall not be a condition for submission
of proposals, but it shall be a condition of contract award and signature. AJV tenderer
shall be given opportunity to seek such exemption as a condition of award and
signature of contract. Application for exemption from the Competition Authority of
Kenya may be accessed from the websitewww.cak.go.ke

7.4 Public Officers of MLKH, their Spouses, Child, Parent, Brothers or Sister. Child,
Parent, Brother or Sister of a Spouse, their business associates or agentsand
firms/organizations in which they have a substantial or controlling interest shall not
be eligible to tender or be awarded a contract. Public Officers are also not allowed
to participate in any procurement proceedings.

7.5 It is the Consultant's responsibility to ensure that it’s Experts, joint venture
members, Sub- consultants, agents (declared or not), sub-vendors, service
providers, suppliers and/or their employees meet the eligibility requirements.

7.6 As an exception to the foregoing ITC 6.1 and 6.2 above:

a) Sanctions-A firm or an individual that has been debarred from participating
in public procurement shall be ineligible to be awarded a contract or to benefit
from the contract, financially or otherwise, during the debarment period. The list
of debarred firms and individuals is available from the website of PPRA
www.ppra.go.ke.
b) Prohibitions- Firms and individuals of a country or goods in a country may be
ineligible if:
i) As a matter of law or official regulations, Kenya prohibits commercial relations with
that country;
ii) By an act of compliance with a decision of the United Nations Security
Council taken under Chapter VII of the Charter of the United Nations,
Kenya prohibits any import goods or services from that country or any
payments to any country, person, or entity in that country.
c) Restrictions for Government-owned Enterprises-Government owned
enterprises or institutions in Kenya shall be eligible only if they can
establish that they;
i) Are legally and financially autonomous,
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 ii) Operate under commercial law, and
iii) That they are not dependent agencies of MLKH.
B. Restrictions for public employees - Government officials and civil servantsand
employees of public institutions shall not be hired for consulting contracts.

7.7 Margin of Preference and Reservations: -no margin of preference shall be allowed
in the selection of consultants. Reservations may however be allowed to a specific group
of businesses (these groups are Small and Medium Enterprises, Women Enterprises,
Youth Enterprises and Enterprises of persons living with disability, as the case may
be), and who are appropriately registered as such by the authority to be specified in
the Data Sheets. A procuring entity shall ensure that the invitation to submit proposals
specifically includes only businesses or firms belonging to one group.

B: PREPARATION OF PROPOSALS

8 General Considerations

8.1 In preparing the Proposal, the Consultant is expected to examine the RFP in detail.
Material deficiencies in providing the information requested in the RFP may result
in rejection of the Proposal.

9 Cost of Preparation of Proposal

9.1 The Consultant shall bear all costs associated with the preparation and submissionof its
Proposal, and MLKH shall not be responsible or liable for those costs, regardless of the
conduct or outcome of the selection process. MLKH is not bound to accept any proposal
and reserves the right to annul the selection process at any time prior to Contract
award, without there by incurring any liability to the Consultant.

10 Language

10.1 The Proposal, as well as all correspondence and documents relating to the Proposal
exchanged between the Consultant and MLKH shall be written in English language.

11 Documents Comprising the Proposal

11.1 The Proposal shall comprise the documents and forms listed in the Data Sheet.

11.2 The Consultant shall declare in the Financial Proposal Submission Form, that in
competing for and executing a contract, it shall undertake to observe the laws of
Kenya against fraud and corruption including bribery, as well as against anti-
competitive practices including bid rigging.

11.3 The Consultant shall furnish information on commissions, gratuities and fees, if any,
paid or to be paid to agents or any other party relating to this Proposal and, if
awarded, Contract execution, as requested in the Financial Proposal Submission
Form.

12 Only One Proposal

12.1 The Consultant (including the individual members of any Joint Venture) shall
submit only one Proposal, either in its own name or as part of a Joint Venture in
another Proposal. If a Consultant, including any Joint Venture member, submits

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 or participates in more than one proposal, all such proposals shall be disqualified and
rejected. This does not, however, preclude Sub-consultant, or the Consultant's staff
from participating as Key Experts and Non- Key Experts in more than one Proposal
when circumstances justify and if stated in the Data Sheet.

12.2 Members of a joint venture may not also make an individual Proposal, be a sub-
vendor in a separate proposal or be part of another joint venture for the purposes of the
same Contract.

12.3 Should a Joint Venture subsequently win the Contract, it shall consider whether an
application for exemption from the Competition Authority of Kenya is meritedpursuant
to Section 25 of the Competition Act 2010.

13 Proposal Validity

a. Proposal Validity Period

13.1 The Data Sheet indicates the period during which the Consultant’s Proposal must
remain valid after the Proposal submission deadline.

13.2 During this period, the Consultant shall maintain its original Proposal without
any change, including the availability of the Key Experts, the proposed rates and the total
price.

13.3 If it is established that any Key Expert nominated in the Consultant's Proposal
was not available at the time of Proposal submission or was included in the Proposal
without his/her confirmation, such Proposal shall be disqualified and rejected for
further evaluation and may be subject to sanctions in accordance with IT C5.

b. Extension of Validity Period

13.4 MLKH will make its best effort to complete the negotiations within the proposal’s
validity period. However, should need arise, MLKH may request, in writing, all
Consultants who submitted Proposals prior to the submission deadline to extend the
Proposals' validity.

13.5 If the Consultant agrees to extend the validity of its Proposal, it shall be done without
any change in the original Proposal and with the confirmation of the availability of the
Key Experts, except as provided in ITC12.7.

13.6 The Consultant has the right to refuse to extend the validity of its Proposal in which
case such Proposal will not be further evaluated.

b. Substitution of Key Experts at Validity Extension

13.7 If any of the Key Experts become unavailable for the extended validity period, the
Consultant shall provide a written adequate justification and evidence satisfactory to MLKH
together with the substitution request. In such case, a replacement Key Expert shall have
equal or better qualifications and experience than those of the originally proposed Key
Expert. The technical evaluations core, however, will remain to be based on the
evaluation of the CV of the original Key Expert.

13.8 If the Consultant fails to provide a substitute Key Expert with equal or better
qualifications, or if the provided reasons for the replacement or justification are
unacceptable to MLKH, such Proposal will be rejected.

c. Sub-Contracting

The Consultant shall not subcontract the whole or part of the Services without
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reasonable justification and written approval of MLKH.
14 Clarification and Amendment of RFP

14.1 The Consultant may request a clarification of any part of the RFP during the period
indicated in the Data Sheet before the Proposals' submission deadline. Any request for
clarification must be sent in writing, or by standard electronic means, to MLKH's address
indicated in the Data Sheet. MLKH will respond in writing, or by standard electronic
means, and will send written copies of the response (including an explanation of the
query but without identifying its source) to all Consultants. Should MLKH deem it
necessary to amend the RFP as a result of a clarification, it shall do so following the
procedure described below:

14.2 At any time before the proposal submission deadline, MLKH may amend the RFP
by issuing an amendment in writing or by standard electronic means. The amendment shall
be sent to all invited Consultants and will be binding on them. The Consultants shall
acknowledge receipt for amendments in writing.

14.3 If the amendment is substantial, MLKH may extend the proposal submission
deadline to give the Consultants reasonable time to take an amendment in to account in
their Proposals.

14.4 The Consultant may submit a modified Proposal or a modification to any part of
it at any time prior to the proposal submission deadline. No modifications to the
Technical or Financial Proposal shall be accepted after the deadline.

15 Preparation of Proposals–Specific Considerations

15.1 While preparing the Proposal, the Consultant must give particular attention to the
following:

(a) If a consultant considers that it may enhance its expertise for the assignment by
associating with other consultants in the form of a Joint Venture or as Sub- consultants,
it may do so, as long as only one Proposal is submitted, in accordance with ITC 11. Above.
A Consultant cannot associate
With shortlisted Consultant(s). When associating with non-shortlisted/non-invited
firms in the form of a joint venture or a sub-consultancy, the shortlisted/invited
Consultant shall be a lead member. If shortlisted/invited Consultant associates with
each other, any of them can be a lead member.
(b) MLKH may indicate in the Data Sheet the estimated amount or Key Experts' time
input (expressed in person-month), or MLKH's estimated total cost of the assignment,
but not both. This estimate is indicative and the Proposal shall be based on the
Consultant's own estimates for the same. This clause shall not apply when using Fixed
Budget selection method.

(c) For assignments under the Fixed-Budget selection method, the estimated Key
Experts' time input shall not be disclosed. Total available budget, with an indication
whether it is inclusive or exclusive of taxes, is given in the Data Sheet, and the Financial
Proposal shall not exceed this budget.

(d) Key Experts shall not appear in more than one proposal unless so allowed in the Data
Sheet. Invited firms must confirm and ensure their key experts do not appear in proposal of
other invited firms, otherwise proposals with Key experts appearing in other proposals will
be rejected.

16 Technical Proposal Format and Content

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16.1 The Technical Proposal shall be prepared using the Standard Forms provided in
Section 3 of the RFP and shall comprise the documents listed in the Data Sheet under ITC
10.1. The Technical Proposal shall not include any financial information. A Technical
Proposal containing material financial information shall be declared non- responsive.

16.2 Consultant shall not propose alternative Key Experts. Only one CV shall be
submitted for each Key Expert position. Failure to comply with this requirement will
make the Proposal non-responsive.

17 Financial Proposal

17.1 The Financial Proposal shall be prepared using the Standard Forms provided
in Section4 of the RFP. It shall list all costs associated with the assignment, including
(a) Remuneration for Key Experts and Non-Key Experts, (b) reimbursable expenses
indicated in the Data Sheet. Irrespective of the consultant selection method, any
Consultant that does not submit itemized and priced financial proposal, or merely refers
MLKH to other legal instruments for the applicable minimum remuneration fees shall be
considered non-responsive.

a. Price Adjustment

17.2 For assignments with a duration exceeding 18 months, a price adjustment

provision for foreign and/or local inflation for remuneration rates apply if so, stated in
the Data Sheet.
b. Taxes

17.3 The Consultant and its Sub-consultants and Experts are responsible for meeting all
tax liabilities arising out of the Contract unless stated otherwise in the Data Sheet.
Information on taxes in Kenya is provided in the Data Sheet.

c. Currency of Proposal

17.4 The Consultant may express the price for its Services in the currency or currencies as
stated in the Data Sheet. If indicated in the Data Sheet, the portion of the price representing
local cost shall be stated in Kenya Shillings.

d. Currency of Payment

17.5 Payment under the Contract shall be made in the currency or currencies in which
the payment is requested in the Proposal.

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C: SUBMISSION, OPENING AND EVALUATION OF RFP

18 Submission, Sealing, and Marking of Proposals

18.1 The Consultant shall submit a signed and complete Proposal comprising the
documents and forms in accordance with ITC 10 (Documents Comprising Proposal).
Consultants shall mark as “CONFIDENTIAL” information in their Proposals which
is confidential to their business. This may include proprietary information, trade
secrets or commercial or financially sensitive information. The submission can
be done by mail or by hand. If specified in the Data Sheet, the Consultant has the
option of submitting its Proposals electronically.

18.2 An authorized representative of the Consultant shall sign the original submission
letters in the required format for both the Technical Proposal and the Financial
Proposals and shall initial all pages of both. The authorization shall be in the form of a
written power of attorney attached to the Technical Proposal.

18.3 A Proposal submitted by a Joint Venture shall be signed by all members so as to be

legally binding on all members, or by an authorized representative who has a written
power of attorney signed by each member's authorized representative.

18.4 Any modifications, revisions, interlineations, erasures, or overwriting shall be

valid only if they are signed or initialed by the person signing the Proposal.

18.5 The signed Proposal shall be marked “ORIGINAL”, and its copies marked “COPY” as
appropriate. The number of copies is indicated in the Data Sheet. All copies shall be
made from the signed original. If there are discrepancies between the original and
the copies, the original shall prevail.

19 Sealing and Marking of Proposals

19.1 The firm shall deliver the Proposals in a single sealed envelope, or in a single sealed
package, or in a single sealed container bearing the name and Reference number of the
assignment, addressed to MLKH and a warning “DO NOT OPEN BEFORE 13th June, 2022
at 10: 00 AM”. Within the single envelope, package or container, the Firm shall place
the following separate, sealed envelopes:

19.2 In the single sealed envelope, or in a single sealed package, or in a single sealed
container the following documents shall be closed and shall be addressed as follows:
i) in an envelope or package or container marked “ORIGINAL”, all
documentscomprising the Technical Proposal, as described in
ITC11;
ii) in an envelope or package or container marked “COPIES”, all required copies
of theTechnical Proposal;
iii) in an envelope or package or container marked “ORIGINAL”, all
required copies of the Financial Proposal; and

19.3 The inner envelopes or packages or containers shall:

i) Bear the name and address of MLKH.
ii) Bear the name and address of the Firm; and
iii) Bear the name and Reference number of the Assignment.

19.4 If an envelope or package or container is not sealed and marked as required,

MLKH will assume no responsibility for the misplacement or premature
opening of the proposal. Proposals that are misplaced or opened prematurely will not be
accepted.

19.5 The Proposal or its modifications must be sent to the address indicated in the
Data Sheet and received by MLKH not later than 14th June, 2022 at 10:00 AM, or
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any extension to this deadline. Any Proposal or its modification received by MLKH after
the deadline shall be declared late and rejected, and promptly returned unopened.

20 Confidentiality/Canvassing

20.1 From the time the Proposals are opened to the time the Contract is awarded, the
Consultant should not contact MLKH on any matter related to its Technical and/or
Financial Proposal. Information relating to the evaluation of Proposals and award
recommendations shall not be disclosed to the Consultants who submitted the Proposals
or to any other party not officially concerned with the process, until the publication of
the Contract award information.

20.2 Any attempt by consultants or any one on behalf of the Consultant to influence
improperly MLKH in the evaluation of the Proposals or Contract award decisions
may result in the rejection of its Proposal and may be subject to the application of
prevailing PPRA's debarment procedures.

20.3 Notwithstanding the above provisions, from the time of the Proposals' opening to
the time of Contract award publication, if a consultant wishes to contact MLKH on
any matter related to the selection process, they should do so only in writing.

21 Opening of Technical Proposals

21.1 MLKH’s opening committee shall conduct the opening of the Technical Proposals in the
presence of the Consultants' authorized representatives who choose to attend (in
person. MLKH will open all tenders in the presence of tenderers’ representatives who
choose to attend, on TUESDAY,14TH JUNE,2022 At 10.00 AM and in the following
location; MAMA LUCY KIBAKI HOSPITAL situated along spine road-off Kangundo
Road, in Nairobi, at our Boardroom.

21.2 The envelopes with the Financial Proposal shall remain sealed and shall be
securely stored by MLKH or with a reputable public auditor or independent authority
until they are opened in accordance with ITC 22.

21.3 At the opening of the Technical Proposals the following shall be read out: (i) the name
and the country of the Consultant or, in case of a Joint Venture, the name of the Joint
Venture, the name of the lead member and the names and the countries of all members; (ii)
the presence or absence of a duly sealed envelope with the Financial Proposal; (iii) any
modifications to the Proposal submitted prior to proposal submission deadline; and (iv)
any other information deemed appropriate or as indicated in the Data Sheet.

22 Proposals Evaluation

22.1 Subject to provision of ITC 15.1, the evaluators of the Technical Proposals shall
have no access to the Financial Proposals until the technical evaluation is concluded and
after MLKH notifies all the Consultants in accordance with ITC 22.1.

22.2 The Consultant is not permitted to alter or modify its Proposal in anyway after the
proposal submission deadline except as permitted under ITC12.7. While evaluating the
Proposals, the Evaluation Committee will conduct the evaluation solely on the basis of
the submitted Technical and Financial Proposals.

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23 Evaluation of Technical Proposals
23.1 MLKH's evaluation committee shall evaluate the Technical Proposals that have
passed the eligibility and mandatory criteria, on the basis of their responsiveness to the
Terms of Reference and the RFP. The eligibility and mandatory criteria shall include the
following and any other that is included in the Data sheet.
a) Firm has submitted the required number of copies of the Technical Proposals.
b) Firm has submitted a sealed financial proposal.
c) The Proposal is valid for the required number of days.
d) The Technical Proposal is signed by the person with power of attorney, without material
deviation, reservation, or omission.
e) The Technical Proposal is complete with all the forms and required documentary evidence
submitted.
f) A valid tax compliance certificate or tax exemption certificate issued by the Kenya Revenue
Authority in accordance with ITT 3.14 for Kenyan firms.
g) Key Experts are from eligible countries.
h) Key Experts do not appear in more than one proposal.
i) A short-listed firm has not participated in more than one proposal.
j) The Consultant is not insolvent, in receivership, bankrupt or in the process of being wound up.
k) The Consultant, its sub-consultants and experts have not engaged in or been convicted of
corrupt or fraudulent practices.
l) The Consultant is neither precluded from entering into a Contract nor debarred by PPRA.
m) The firm has not proposed employing public officials, civil servants and employees of
public institutions.
n) The Consultant, its sub-consultants and experts have no conflicts of interest.

Each responsive Proposal will be given a technical score. A Proposal shall be rejected at this
stage if it does not respond to important aspects of the RFP or if it fails to achieve the minimum
technical score indicated in the Data Sheet.

STAGE ONE: EVALUATION PROCESS

23.1 Preliminary evaluation of open tenders

The evaluation committee shall first conduct a preliminary evaluation to determine whether;
Description YES/NO

1. The tender has been submitted in the required format;

2. Any tender security submitted is in the required form, amount and validity
period;
3. The tender has been signed by the person lawfully authorized to do so;
4. The required number of copies of the tender have been submitted;
5. The tender is valid for the period required.
6. All required documents and information have been submitted
7. The Tender is complete
8. The tender is responsive.

23.2 Statutory / Mandatory requirements

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 Description YES/NO

1. Copy of Certificate of Company/Firm registration

2. Current and Valid Tax Compliance Certificate
3. Audited accounts for the last three years (2019-2021).

4. Details of directorship/ownership (CR12) with respective

shareholding and
details of citizenship
5. Duly signed commitment letter for one-year warranty provision
and free maintenance and support for the same period.
6. Evidence of a permanent office of the bidding entity in the form of
either office space lease/rent agreement with evidence of payment of
rent/lease OR proof of ownership of the premise where the office is
located which shall be in the form of a land ownership document in the
name of bidding entity.
7. Statement of verification that the Firm is not debarred in the Matter of
Public Procurement and Asset Disposal Act 2015.
8. Valid and current Business Permit

9. Copy of ICT Authority (ICTA) Systems and Applications Certificate,

ICTA 1: Systems and Applications
10. Four Recommendation Letters from firms you’ve provided similar
service supported by LPOs / Award letters.

Tenders which do not satisfy any of the above requirements (clause 23.1 & 23.2) shall not proceed to the
next stage.

STAGE TWO: TECHNICAL EVALUATION

The technical evaluation committee appointed by MLKH shall evaluate the proposals on the basis
of their responsiveness to the Terms of Reference through applying the evaluation criteria
provided. Each responsive proposal will be given a technical score (TS). A proposal shall be
rejected at this stage if it does not respond to important aspects of the Terms of Reference or if it
fails to achieve the minimum technical score.

In order to qualify for financial evaluation bidders must achieve a minimum score of 70%
out of the maximum allocated points in the evaluation criteria. This will then be weighted
using the formula: S/100 X T = TS, where S is the Bidder’s score, T is the technical
weighted for technical evaluation and TS is the weighted technical score.

The technical (T) and financial (F) evaluation will be allocated weights of 70% and 30%
respectively

NB: Documentary evidence must be provided for each requirement. Non- compliance
shall lead to disqualification

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Item Description Total Marks

5
Manufacturers’ The bidder must provide a copy of certification
Letter of /authorization form from the manufacturer or distributor
Authorization
to do business as an authorized vendor for the proposed
solution. (5 Marks)
If bidder is OEM, they must proof the same

25
Capability of I. The bidder should have been in operation as a supplier
The Firm, and and/or installer of Enterprise Resource Planning and/or
Past Integrated Information Management Systems of this kind
Performance, for a minimum period of five (5) years, have been
incorporated in Kenya with a minimum of 5 years of
experience. (Certificate of incorporation as attached is
used as proof) (5 Marks)

II. Details of experience and past performance on at

least Four (4) companies in Kenya, where the supply,
installation and commissioning of a similar enterprise
resource planning system has been done that best
illustrate your ability to carry out this assignment.

III. Provide information on each assignment for which

your firm either individually, as a corporate entity or in
association, was legally contracted.
(5 Marks per Project)
a) Name of Client and postal address
b) Key contact person and telephone no.
c) Physical address
d) When was the assignment undertaken
e) Description of the Assignment
f) Approximate value of the contract in
Kshs………………
Proof of such contracts is required (Attach completion
certificates)
Adequacy of the 10
proposed work (a) Adequacy of the proposed methodology and work
plan and plan in responding to the Terms of
methodology in Reference(3marks)
responding to the
terms of
(b) Clear and concise project implementation plans
reference withlogical sequence of tasks and milestones
(2marks)
(c) Complete training plan for technical, super users
and end users (2marks)
(d) Project organization chart with clear roles,
responsibilities and reporting lines
(1marks)

(e) Testing plan and migration plan (1marks)

(f) Vendor support mechanism(1marks)

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Proposal and The proposal provides a clear approach in completing the 7
Methodology work.
(a) Detailed Project implementation plan is attached (4
Marks)
(b) The bidder has indicated the shortest project
implementation period (3 Marks)
(c) Longer Project completion period (1 Marks)
Qualifications and The Project team leaders with: 5
specific a) At least five (5) years’ experience with
experience of key essential qualifications
staff for the b) At least two (2) team leaders one Master’s degree in
assignment finance, accounting or business-related discipline, the
other Master’s degree in ICT or related discipline in
managing Enterprise Resource Planning system
installations and configurations. Attach CV, professional
(certification) and academic certificates certified by the
employee and bidding firm. (5 Marks)
c) Less than 5 years’ experience (2 Marks)

Technical specialists with at least five (5) years’ experience 20

Key Technical installing and configuring Enterprise Resource Planning
Personnel/Experts systems. The specialists should have the relevant certificates
that indicate skills and training in installing, configuring and
commissioning of ERP systems of a similar nature. Kindly
attach CV’s and both professional and academic certificates,
certified CV by employee and bidding firm for;
a) Software Engineer (4 Marks)
b) Solution Implementer (4 Marks)
c) Financial Consultant (3 Marks)
d) Database Expert/Administrator (3Marks)
e) System Security Expert (3 Marks)
f) Business Intelligence Consultant (3 Marks)

Business Support Show proof of access to lines of credit or other financial 10

Capabilities resources
 Provide written evidence from a reputable financial
institution(2 Marks)
 The tenderer must have an average annual turnoverof
at least Ksh 50M and at least 50% of the turnover must be
attributable to sale, supply and implementation of ICT
Systems. (8 Marks)
Clearly Defined Provide a clear training and maintenance program with relevant 8
Training and areas of focus and timelines and provide evidence that they are
Maintenance Plan accredited to offer ICT related trainings
(Total 8 Marks)
 Provided a detailed training plan (2 Marks)
 Provided a maintenance and support plan (2 Marks)
 Accreditation to offer ICT trainings-(4Marks)

Prototype Attach Demo Links and demo credentials - Adequacyof the 10

Demonstration demonstration for the proposed prototype reflecting
particulars of all business processes and user requirement;
and the specific system terms of reference.
 System is easy to use and has a clean interface, uses
web-based technology and is mobile responsive (2 Marks)

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  Seamless end to end demonstration of all processes (2
Marks)
 The demonstrated system has robust business
intelligence and reporting features (2 Marks)
 The demonstrated system supports integration to
other systems (internal and external) (2 Marks)
 Demonstrate adequate security features (2 Marks)
100
TOTAL

The Bidders who score 70% and above will be deemed to be technically qualified. Only the
Financial Bids of those who have technically qualified shall be opened for further evaluation.

STAGE THREE: FINANCIAL EVALUATION

Price comparison and the lowest tender figure from among the Bidders who qualify at
the technical stage (70% and above) will be used as a base value for the calculation of the
weighted score for each bidders using the weight “F‟ shown above as follows: LTF/TF x F =
FS
Where, TF is the tender figure under consideration, LTF is the lowest tender figure, F is
the allocated weight for financial evaluation (30%) and FS is the weighted financial
score.

STAGE FOUR: DUE-DILIGENCE (MANDATORY)

Due-diligence will be conducted on the bidder who will have emerged winner for
verification of ongoing projects / current contracts or completed contracts where
projects of a similar nature have been performed.
In case the report is not positive the second lowest responsive bidder will be considered for
due diligence.

STAGE FIVE: RECOMMENDATION FOR AWARD

Bidders with the highest combined scores (CS) will be recommended for award i.e. TS+FS=
(CS) subject to the above stated (due diligence) conditions for award.

24 Public Opening of Financial Proposals

24.1 Unsuccessful Proposals

After the technical evaluation is completed, MLKH shall notify those Consultants whose
Proposals were considered non-responsive to the RFP and TOR or did not meet the
minimum qualifying technical score, advising them the following:

i. their Proposal was not responsive to the RFP and TOR or did not meet
the minimum qualifying technical score;

ii. provide information relating to the Consultant's overall technical score, as

well as scores obtained for each criterion and sub-criterion;

iii. their Financial Proposals will be returned unopened after completing the
selection process and Contract signing; and

iv. notify them of the date, time and location of the public opening of the
Financial Proposals and invite them to attend.

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24.2 Financial Proposals for QBS, CQS and SSS

Following the ranking of the Technical Proposals, when the selection is based on QBS or
CQS, the top-ranked Consultant is invited to negotiate the Contract. Only the Financial
Proposal of the technically top-ranked Consultant is opened by the opening committee. All
other Financial Proposals shall be returned unopened after the Contract negotiations are
successfully concluded and the Contract is signed with the successful Consultant.

When the selection is based on the SSS method and if the invited Consultant meets the
minimum technical score required passing, the financial proposal shall be opened and
the Consultant invited to negotiate the contract.

24.3 Financial Proposals for QCBS, FBS, LCS

Following the ranking of the Technical Proposals, and after internal approvals, MLKH shall
simultaneously notify in writing those Consultants whose Proposals were considered
responsive to the RFP and TOR, and that have achieved the minimum qualifying technical
score, advising them the following: (i) their Proposal was responsive to the RFP and TOR
and met the minimum qualifying technical score; (ii) provide information relating to the
Consultant's overall technical score, as well as scores obtained for each criterion and sub-
criterion;(iii) their Financial Proposal will be opened at the public opening of Financial
Proposals; and (iv) notify them of the date, time and location of the public opening and
invite them for the opening of the Financial Proposals.

24.4 Opening of Financial Proposals

The opening date should allow the Consultants sufficient time to decide for attending the
opening and shall be no less than five (5) Business Days from the date of notification of
the results of the technical evaluation, described in ITC 22.1 and 22.2.

The Consultant's attendance at the opening of the Financial Proposals (in person, or
online if such option is indicated in the Data Sheet) is optional and is at the Consultant's
choice.

The Financial Proposals shall be opened publicly by MLKH’s opening committee in the
presence of the representatives of the Consultants and anyone else who chooses to attend.
Any interested party who wishes to attend this public opening should contact MLKH as
indicated in the Data Sheet. At the opening, the names of the Consultants, and the overall
technical scores, including the break-down by criterion, shall be read aloud. The Financial
Proposals will then be inspected to confirm that they have remained sealed and unopened.
These Financial Proposals shall be then opened, and the total prices read aloud and
recorded. Copies of the record shall be sent to all Consultants who submitted Proposals.

25 Correction of Errors

25.1 Activities and items described in the Technical Proposal but not priced in the Financial
Proposal, shall be assumed to be included in the prices of other activities or items, and no
corrections are made to the Financial Proposal.

25.2 Time-Based Contracts-If a Time-Based contract form is included in the RFP, in case
of discrepancy between (i) a partial amount(sub-total) and the total amount, or (ii)between
the amount derived by multiplication of unit price with quantity and the total price, or
(iii) between figures and words, the later will prevail. In case of

P a g e 19 | 76
 discrepancy between the Technical and Financial Proposals in indicating quantities of
input, the Technical Proposal prevails and MLKH's evaluation committee shall correct
the quantification indicated in the Financial Proposal so as to make it consistent with
that indicated in the Technical Proposal, apply the relevant unit price included in the
Financial Proposal to the corrected quantity, and correct the total Proposal cost.

25.3 Lump-Sum Contracts - If a Lump-Sum contract form is included in the RFP, the
Consultant is deemed to have included all prices in the Financial Proposal, so neither
arithmetical correction nor price adjustments shall be made. The total price, net of taxes
understood as per ITC 24 below, specified in the Financial Proposal (Form FIN-1) shall
be considered as the offered price.

26 Taxes

26.1 Subject to ITC 24.2, all taxes are deemed to be included in the Consultant's financial
proposal as separate items, and, therefore, considered in the evaluation.

26.2 All local identifiable taxes levied on the contract in voices (such as sales tax, VAT,
excise tax, or any similar taxes or levies) and in come and withholding tax payable to Kenya
on the remuneration of non-resident Experts for the services rendered in Kenya are
dealt with in accordance with the instructions in the Data Sheet.

27 Conversion to Single Currency

Where other currencies are used, MLKH will convert those currencies to Kenya Shillings
using the selling exchange rate on the date of tender closing provided by the Central Bank of
Kenya.

28 Abnormally Low Prices

28.1 An Abnormally Low Price is one where the financial price, in combination with
other constituent elements of the proposal, appears unreasonably low to the extent that
the price raises material concerns with MLKH as to the capability of the Consulting firm
to perform the Contract for the offered price.

28.2 In the event of identification of a potentially Abnormally Low Price by the evaluation
committee, MLKH shall seek written clarification from the firm, including a detailed price
analyses of its price in relation to the subject matter of the contract, scope, delivery schedule,
allocation of risks and responsibilities and any other requirements of the RFP document.

28.3 After evaluation of the price analyses, if MLKH determines that the firm has failed to
demonstrate its capability to perform the contract for the offered price, MLKH shall reject
the firm's proposal.

29 Abnormally High Prices

29.1 An abnormally high price is one where the proposal price, in combination with
other constituent elements of the proposal, appears unreasonably too high to the extent
that MLKH is concerned that it (MLKH) may not be getting value for money or it may be
paying too high a price for the contract compared with market prices or that genuine
competition between consultants is compromised.

In case of an abnormally high tender price, MLKH shall make a survey of the market prices, check if
the estimated cost of the contract is correct, and review the RFP to check if the specifications, TOR,
scope of work and conditions of contract are contributory to the abnormally high proposals. MLKH
may also seek written clarification from the consultants on the reason or the high proposal price.
MLKH shall proceed as follows:

P a g e 20 | 76
i) If the proposal price is abnormally high based on wrong estimated cost of the
contract, MLKH may accept or not accept the proposal depending on MLKH's
budget considerations.
ii) If specifications, TOR, scope of work and/or conditions of contract are
contributory to the abnormally high proposal prices, MLKH shall reject all proposals and
may re-invite for proposals for the contract based on revised estimates, specifications,
TOR, scope of work and conditions of contract.

29.2 If MLKH determines that the Proposal Price is abnormally too high because
genuine competition between consultants is compromised (often due to collusion,
corruption or other manipulations ), MLKH shall reject all Proposals and shall institute
or cause competent Government Agencies to institute an investigation on the cause of
the compromise, before re- inviting for proposals.

30 Combined Quality and Cost Evaluation

a. Quality and Cost Based Selection (QCBS) Method

30.1 In the case of Quality and Cost Based Selection (QCBS), the total score is calculated
by weighting the technical and financial scores and adding them as per the formula and
instructions in the Data Sheet. The Consultant that achieves the highest combined
technical and financial score will be notified and invited for negotiations.

b. Fixed Budget Selection (FBS) Method

30.2 In the case of FBS, those Proposals that exceed the budget indicated in ITC
14.1.4 of the Data Sheet shall be rejected. MLKH's evaluation committee will select the
Consultant with the highest-ranked Technical Proposal that does not exceed the budget
indicated in the RFP, notify and invite such Consultant to negotiate the Contract.

c. Least Cost Selection (LCS) Method

30.3 In the case of Least-Cost Selection (LCS), MLKH's evaluation committee will select the
Consultant whose Proposal is the lowest evaluated total price among those Proposals that
achieve the minimum technical score required to pass, notify the Consultant and invite the
Consultant to negotiate the Contract.

d. Combined Technical and Evaluation Report

30.4 The evaluation committee shall prepare a combined technical and financial evaluation
report, with specific recommendations for award or otherwise and subject to the required
approvals within MLKH prior to notifications and invitation of consultant for negotiations.

31 Notification of Intention to enter into a Contract/Notification of Award

31.1 MLKH shall send to each Consultant (that has not been already notified that it has been
unsuccessful) the Notification of Intention to Award the Contract to the successful
Consultant. The Notification of Intention to enter into a Contract / Notification of A
ward shall contain, at a minimum, the following information:
i) The name and address of the Consultant with whom MLKH successfully
negotiated a contract;
ii) the contract price of the successful Proposal;
iii) a statement of the reasons why the o t h e r recipient's Proposal was unsuccessful

P a g e 21 | 76
iv) the expiry date of the Standstill Period, and
v) instructions on how to request a debriefing and/or submit a complaint during the standstill
period;

32 Standstill Period

32.1 The Standstill Period shall be the number of days stated in the Data Sheet. The
Standstill Period commences the day after the date MLKH has transmitted to each
Consultant (that has not already been notified that it has been unsuccessful) the
Notification of Intention to Award the Contract. The Contract shall not be signed earlier
than the expiry of the Standstill Period. This period shall be allowed for aggrieved
Consultants to lodge an appeal. The procedure for appeal and the authority to determine
the appeal or complaint is as indicated in the Data Sheet.

D: NEGOTIATIONS AND AWARD

33 Negotiations

33.1 The negotiations will be held at the date and address indicated in the Data Sheet with
the Consultant's representative(s) who must have written power of attorney to negotiate
and sign a Contract on behalf of the Consultant.

33.2 The evaluation committee shall prepare minutes of negotiations that are signed by
the Accounting Officer and the Consultant's authorized representative.

33.3 Availability of Key Experts

The invited Consultant shall confirm the availability of all Key Experts included in the
Proposal as a pre- requisite to the negotiations, or, if applicable, a replacement in
accordance with ITC 12. Failure to confirm the Key Experts' availability may result in the
rejection of the Consultant's Proposal and MLKH proceeding to negotiate the Contract
with the next-ranked Consultant.
33.4 Notwithstanding the above, the substitution of Key Experts at the negotiations
may be considered if due solely to circumstances outside the reasonable control of and
not foreseeable by the Consultant, including but not limited to death or medical
incapacity. In such case, the Consultant shall offer a substitute Key Expert within the
period of time specified in the letter of invitation to negotiate the Contract, who shall
have equivalent or better qualifications and experience than the original candidate.

33.5 Technical negotiations

The technical negotiations include discussions of the Terms of Reference (TORs), the
proposed methodology, MLKH's inputs, the special conditions of the Contract, and
finalizing the “Description of Services” part of the Contract. These discussions shall not
substantially alter the original scope of services under the TOR or the terms of the
contract, lest the quality of the final product, its price, or the relevance of the initial
evaluation be affected.

33.6 Financial negotiations

The financial negotiations include the clarification of the Consultant's tax liability in
Kenya and how it should be reflected in the Contract. All applicable taxes shall be
itemized separately and included in the contract price.
33.7 If the selection method included cost as a factor in the evaluation (that is QCBS,
FBS, LCS), the unit rates and the total price stated in the Financial Proposal for a Lump-
Sum contract shall not be negotiated.

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33.8 Where QBS or CQS methods was used for a Lump-sum Contract as indicated in the
RFP, the unit rates negotiations shall not take place, except when the offered Key Experts
and Non-Key Experts' remuneration rates are much higher than the typically charged rates
by consultants in similar contracts or the professional practice. In such case, MLKH may
ask for clarifications and, if the fees are very high, ask to change the rates. The
format for
(i) Providing information on remuneration rates in the case of QBS and CQS; and (ii)
clarifying remuneration rates’ structure under this Clause, is provided in Appendix A to
the Financial Form FIN-3: Financial Negotiations – Breakdown of Remuneration Rates.
If after the clarifications, the price is still considered too high, MLKH may terminate the
negotiation and invite the next ranked Consultant to open its financial proposal and
negotiate the contract.
33.9 In the case of a Time- Based contract, negotiation of unit rates shall not take place,
except when the offered Key Experts and Non-Key Experts' remuneration rates are much
higher than the typically charged rates by consultants in similar contracts. In such case,
MLKH may ask for clarifications and, if the fees are very high, ask to change the rates.
The format for (i) providing information on remuneration rates in the case of QBS and CQS;
and (ii) clarifying remuneration rates 'structure under this Clause, is provided in Appendix
A to the Financial Form FIN-3: Financial Negotiations- Breakdown of Remuneration
Rates. If after the clarifications, the price is still considered too high, MLKH may terminate
the negotiation and invite the next ranked Consultant for negotiations.
33.10 Where SSS method was used as indicated in the RFP, both the unit rates and total
price shall be negotiated. If the negotiations fail, MLKH shall terminate the Consultant
selection process.
In that event, MLKH shall review the consultancy requirements and market conditions prior
to deciding to use an appropriate selection method to again procure the consulting services.

34 Conclusion of Negotiations
34.1 The negotiations are concluded with a review of the finalized draft Contract, which
then shall be initialed by the Accounting Officer and the Consultant's authorized
representative and minutes prepared to record the outcome of the negotiations.
34.2 If the negotiations fail, MLKH shall inform the Consultant in writing of all pending
issues and disagreements and provide a final opportunity to the Consultant to respond.
If disagreement persists, MLKH shall terminate the negotiations informing the
Consultant of the reasons for doing so. MLKH will invite the next- ranked Consultant to
negotiate a Contract. Once MLKH commences negotiations with the next-ranked
Consultant, MLKH shall not reopen the earlier negotiations.

35 Letter of Award

35.1 Upon expiry of the Standstill Period, specified in ITC 28.1, after satisfactorily
addressing any appeal that has been filed within the Standstill Period, and upon
successful negotiations, MLKH shall send a Letter of Award to the successful Consultant.
The letter shall confirm MLKH's award of Contract to the successful Consultant and
requesting the Consultant to sign and return the draft negotiated Contract within
Twenty-One (21) Days from the date of the Letter of Award.

36 Signing of Contract

36.1 The Contract shall be signed prior to the expiration of the Proposal Validity Period
and promptly after expiry of the Standstill Period, specified in ITC 28.1 and upon
satisfactorily addressing any complaint that has been filed within the Standstill Period.

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36.2 The Consultant is expected to commence the assignment on the date and at the
location specified in the Data Sheet.

37 Publication of Procurement Contract

37.1 Within the period specified in the Data Sheet, MLKH shall publish the awarded
Contract which shall contain, at a minimum, the following information: (a) name and
address MLKH; (b) name and reference number of the contract being awarded, (c) the
selection method used; (d) names of the consultants that submitted proposals; (e) names of
all Consultants whose Proposals were rejected or were not evaluated; (f) the name of the
successful consultant, the final total contract price, the contract duration and a summary of
its scope.

37.2 Consider carefully the information on consultants to be published, particularly

evaluation by MLKH, to avoid disclosing information which can facilitate bid- rigging
going forward.

37.3 The awarded Contract shall be published on MLKH's website with free access if
available and in the official procurement tender portal.

38 Procurement Related Complaint and Administrative Review

38.1 The procedures for making Procurement-related Complaints shall be specified in the TDS.

38.2 A request for administrative review shall be made in the form provided under
contract forms.

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SECTION 2(b). BID DATA SHEET

Reference to PARTICULARS OF APPENDIX TO INSTRUCTIONS TO BIDDERS

ITB Clause
provided in the tender document only and must be valid for a period of 120
days from the date of the tender closing

12 Performance security shall be K s h 1,000,000 in form of Bank guarantee only

13.1 Clarifications may be requested not later than 7 days prior to the submission
deadline. The contact information for requesting clarifications is
[email protected]
14 (d) Key Experts shall NOT appear in more than one proposal.

16.4 The Financial Proposal shall be stated in Kenya Shillings

C. Submission, Opening and Evaluation

17.1 The Consultants “SHALL NOT” have the option of submitting their
Proposals electronically.

17.5 The Consultant must submit:

(a) Technical Proposal: One (1) original and One (1) copy;
(b) Financial Proposal: One (1) original.

18.5 Completed tender documents are to be enclosed in plain sealed envelopes marked
with tender reference number and deposited in the Tender Box at the entrance of
procurement offices in Mama Lucy Kibaki Hospital situated along Spine road
,off Kangundo Road in Nairobi, so as to be received on or before Monday 14th
June, 2022 at 10: 00 A M and should be addressed to;

The Medical superintendent

Mama Lucy Kibaki Hospital
P.O. Box 1278 -00515,
Buruburu

20.1 An online option of the opening of the Technical Proposals is NOT offered:

MLKH will open all tenders in the presence of tenderers’ representatives

who choose to attend, on Monday 14th June, 2022 at 10: 00 A M and at the
following location.
Mama Lucy Kibaki Hospital situated along Spine road
off Kangundo Road in Nairobi,in the Hospital’s
boardroom.
The tenderers’ representatives who are present shall sign a tender opening
register evidencing their attendance.
23.4 An online option of the opening of the Financial Proposals is NOT offered.

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25.2 For the evaluation, MLKH will include separate items of: (a) all local identifiable
indirect taxes such as sales tax, excise tax, VAT, or similar taxes levied on the
contract’s invoices; and (b) all additional local indirect tax on the remuneration of
services rendered by experts.

If a Contract is awarded, at Contract negotiations, all such taxes will be discussed,

finalized using the itemized list and included in the Contract amount as a separate
line, also indicating which taxes shall be paid by the Consultant and which taxes
are withheld and paid by MLKH on behalf of the Consultant.

26.1 Where other currencies are used, MLKH will treat that bid as unresponsive. Financial
proposal must be in Kenya Shillings.
29.1 The lowest evaluated Financial Proposal (Fm) is given the maximum financial
(QCBS only) score (FS) of 30
The formula for determining the financial scores (fs) of all other Proposals is
calculated as follows;
FS = 100 x Fm/ F, in which “FS” is the financial score, “Fm” is the lowest price,
and “F” the price of the proposal under consideration.

The weights given to the Technical (T) and Financial (F)

Proposals are: T = 70%
F = 30%
Proposals are ranked according to their combined technical (St) and financial
(Sf) scores using the weights (T = the weight given to the Technical Proposal; F =
the weight given to the Financial Proposal; T + F = 1) as following: S = St x T% +
Sf x F%.
31 The Standstill Period shall be: 14 days.
The procedures for making a procurement related complaint are detailed in the
Public Procurement and Asset Disposal Act and Regulations. If a Consultant
wishes to make a procurement related complaint or appeal, the Consultant shall
submit its complaint to the Public Procurement Administrative Review Board.

D. Negotiations and Award

36.1 The publication of the contract award information following the completion of
the contract negotiations and contract signing will be done within 14 days after the
contract signing

37.1 The procedures for making a Procurement-related Complaints are detailed in the
“Regulations” available from the PPRA Website www.ppra.go.ke or email
[email protected]. If a Tenderer wishes to make a Procurement-related
Complaint, the Tenderer should submit its complaint following these
procedures,in writing (by the quickest means available, that is either by hand
delivery or email to:

For the attention: [insert full name of person receiving complaints]

Title/position: [insert title/position]

Procuring Entity: [insert name of Procuring

Entity]Email address: [insert email address]

In summary, a Procurement-related Complaint may challenge any of the

following:

(i) the terms of the Tender Documents; and

(ii) MLKH’s decision to award the contract.

P a g e 26 | 78
 SECTION 3. TECHNICAL PROPOSAL – STANDARD FORMS

FORM TECH 1:- APPLICATION FORMS

i) TECHNICAL PROPOSAL SUBMISSION FORM

The Medical Superintendent

Mama Lucy Kibaki Hospital
P.O. Box 1278 -00515,
Buruburu

Dear Madam,

We, the undersigned, offer to provide the services for the supply, installation,
configuration, customization, testing, commissioning and maintenance of a health
management information enterprise resource planning (ERP) system in
accordance with your RFP dated ... ………………and our Proposal. We are hereby
submitting our Proposal, which includes this Technical Proposal and a Financial
Proposal sealed in a separate envelope.

We hereby declare that:

a) All the information and statements made in this Proposal are true and we accept that
any misinterpretation or misrepresentation contained in this Proposal may lead to our
disqualification by MLKH or maybe sanctioned by the PPRA.

b) Our Proposal shall be valid and remain binding upon us for the period of time
specified in the Data Sheet, Clause 12.1.

c) We have no conflict of interest in accordance with ITC3.

d) We meet the eligibility requirements as stated in ITC6, and we confirm our understanding
of our obligation to abide by the Government's policy in regard to corrupt, fraudulent and
prohibited practices as per ITC5.

e) In competing for (and, if the award is made to us, in executing) the Contract, we undertake
to observe the laws against fraud and corruption, including bribery, as well as laws against
anti- competitive practices, including bid rigging in force in Kenya; we hereby certify that we
have taken steps to ensure that no person acting for us or on our behalf engages in any type of
Fraud and Corruption or anti-competitive practices.

f) We confirm that we are not insolvent, in receivership, bankrupt or on the process of being
of being wound up.

g) The Consultant shall declare in the Technical Proposal Submission Form, that in
competing for and executing a contract, it shall undertake to observe the laws of Kenya against
fraud and corruption including bribery, as well as against anti-competitive practices
including bid-rigging.

(h) We are not guilty of any serious violation of fair employment laws and practices. We
undertake to observe the laws of Kenya against fraud and corruption including bribery, as well
as against collusive and anti-competitive practices, including bid rigging. To this effect we have
signed the “Certificate of Independent Proposal Determination” attached below. We also
undertake to adhere by the Code of Ethics for persons participating in Public Procurement and
Asset Disposal Activities in Kenya, copy available from www.ppra.go.ke during the
procurement process and the execution of any resulting contract.

(I) We, along with any of our sub-consultants are not subject to, and not controlled by any
entity or individual that is subject to, a temporary suspension or a debarment imposed by the
PPR, except as stated in the ITC12 and Data Sheet.

P a g e 27 | 78
We undertake to negotiate a Contract on the basis of the proposed Key Experts. We accept that
the substitution of Key Experts for reasons other than those stated in ITC Clause12 and
ITCClause29.3 and 29.4 may lead to the termination of Contract negotiations.

(j) Our Proposal is binding upon us and subject to any modifications resulting from the
Contract negotiations.

(k) We understand that MLKH is not bound to accept any Proposal that it receives.

We undertake, if our Proposal is accepted and the Contract is signed, to initiate the Services
related to the assignment no later than the date indicated in Clause 32.2 of the DataSheet.

We remain,

Yours sincerely,

Full Name
Title of Signatory
Authorized Signature
Name of Consultant (company’s name or JV's name) _
Contact information (phone and e-mail): _ _

{For a joint venture, either all members shall sign or only the lead member, in which
case the power of attorney to sign on behalf of all members shall be attached}

P a g e 28 | 78
ii) CERTIFICATE OF INDEPENDENT PROPOSAL DETERMINATION

I, the undersigned, in submitting the accompanying TECHNICAL PROPOSAL

SUBMISSIONFORM to the _
[Name of Procuring Entity]

for: [Name and number of tender] in

response to the request for tenders made by: [Name of Tenderer] do
hereby make the following statements that I certify to be true and complete in every
respect:

I certify, on behalf of [Name of

Tenderer] that:

1. I have read and I understand the contents of this Certificate;

2. I understand that the Tender will be disqualified if this Certificate is found not
to be true and complete in every respect;
3. I am the authorized representative of the Tenderer with authority to sign this
Certificate, and to submit the Tender on behalf of the Tenderer;
4. For the purposes of this Certificate and the Tender, I understand that the word
“competitor” shall include any individual or organization, other than the Tenderer,
whether or not affiliated with the Tenderer, who:
• Has been requested to submit a Tender in response to this request for tenders;
• could potentially submit a tender in response to this request for tenders,
based on their qualifications, abilities or experience;
5. The Tenderer discloses that [check one of the following, as applicable]:
• The Tenderer has arrived at the Tender independently from, and without
consultation, communication, agreement or arrangement with, any competitor;
• The Tenderer has entered into consultations, communications, agreements
or arrangements with one or more competitors regarding this request for tenders, and
the Tenderer discloses, in the attached document(s), complete details thereof,
including the names of the competitors and the nature of, and reasons for, such
consultations, communications, agreements or arrangements;
6. In particular, without limiting the generality of paragraphs(5)(a) or (5) (b)above,
there has been no consultation, communication, agreement or arrangement with any
competitor regarding:
• prices;
• methods, factors or formulas used to calculate prices;
• the intention or decision to submit, or not to submit, a proposal; or
• the submission of a proposal which does not meet the specifications of the
request for proposals; except as specifically disclosed pursuant to paragraph(5)(b) above;
7. In addition, there has been no consultation, communication, agreement or
arrangement with any competitor regarding the quality, quantity, specifications or
delivery particulars of the works or services to which this RFP relates, except as
specifically authorized by the procuring authority or as specifically disclosed pursuant
to paragraph(5)(b) above;
8. The terms of the RFP have not been, and will not be, knowingly disclosed by the
Consultant, directly or indirectly, to any competitor, prior to the date and time of the
official proposed opening, or of the awarding of the Contract, which ever comes first,
unless otherwise required by law or as specifically disclosed pursuant to
paragraph(5)(b) above.

Name Title

[Name, title and signature of authorized agent of Consultant and Date]

P a g e 29 | 78
iii) APPENDIX TO FORM OF PROPOSAL ON FRAUD AND CORRUPTION CLAUSE (f or
information)
Purpose

The government of Kenya's Anti-Corruption and Economic Crime laws and their sanction's
policies and procedures, Public Procurement and Asset Disposal Act (no. 33 of 2015) and its
Regulation, and any other Kenya's Acts or Regulations related to Fraud and Corruption, and
similar offences, shall apply with respect to Public Procurement Processes and Contracts that
are governed by the laws of Kenya.
Requirements

The Government of Kenya requires that all parties including Procuring Entities, Tenderers,
(applicants/proposers), Consultants, Vendors and Suppliers; any Sub-vendors, Sub-
consultants, Service providers or Suppliers; any Agents (whether declared or not); and any of
their Personnel, involved and engaged in procurement under Kenya's Laws and Regulation,
observe the highest standard of ethics during the procurement process, selection and
contract execution of all contracts and refrain from Fraud and Corruption and fully comply
with Kenya's laws and Regulations as per paragraphs 1.1 above.

Kenya's public procurement and asset disposal act (no.33 of 2015) under Section 66 describes
rules to be followed and actions to be taken in dealing with Corrupt, Coercive, Obstructive,
Collusive or Fraudulent practices, and Conflicts of Interest in procurement including
consequences for offences committed. A few of the provisions noted below highlight Kenya's
policy of no tolerance for such practices and behavior:

(1) a person to whom this Act applies shall not be involved in any corrupt, coercive,
obstructive, collusive or fraudulent practice; or conflicts of interest in any procurement or
asset disposal proceeding;

(2) A person referred to under sub section (1) who contravenes the provisions of that
sub-section commits an offence;

(3) Without limiting the generality of the subsection (1) and (2), the person shall be: -
a) disqualified from entering into a contract for a procurement or asset disposal proceeding; or
b) if a contract has already been entered into with the person, the contract shall be avoidable;

(4) The voiding of a contract by MLKH under subsection (7) does not limit any legalremedy
MLKH may have;

(5) An employee or agent of MLKH or a member of the Board or committee of

MLKH who has a conflict of interest with respect to a procurement—
i) Shall not take part in the procurement proceedings;
ii) shall not, after a procurement contract has been entered into, take part in any decision
relating to the procurement or contract; and
iii) Shall not be a sub-vendor for the tender to whom was awarded contract, or a member of
the group of tenderers to whom the contract was awarded, but the sub-vendor appointed shall
meet all the requirements of this Act.

(6) An employee, agent or member described in subsection (1) who refrains from doing
anything prohibited under that subsection, but for that subsection, would have been
within his or her duties shall disclose the conflict of interest to MLKH;

(7) If a person contravenes sub section (1) with respect to a conflict of interest described in
subsection (5) (a) and the contract is awarded to the person or his relative or to another person
in whom one of them had a direct or indirect pecuniary interest, the contract shall be
terminated and all costs incurred by the public entity shall be made good by the awarding officer.

(8) Incompliance with Kenya's laws, regulations and policies mentioned above, MLKH;
a) Defines broadly, for the purposes of the above provisions, the terms set forth below as follows:
i) “corrupt practice” is the offering, giving, receiving, or soliciting, directly or indirectly, of
anything of value to influence improperly the actions of another party;

P a g e 30 | 78
ii) “fraudulent practice” is any act or omission, including misrepresentation, that
knowingly or recklessly misleads, or attempts to mislead, a party to obtain financial or

iii) other benefit or to avoid an obligation;

iv) “collusive practice “is an arrangement between two or more parties designed to
achieve an improper purpose, including to influence improperly the actions of another
party;
v) “coercive practice” is impairing or harming, or threatening to impair or harm, directly or
indirectly, any party or the property of the party to influence improperly the actions of a
party;
vi) “obstructive practice” is:
vii) deliberately destroying, falsifying, altering, or concealing of evidence material to the
investigation or making false statements to investigators in order to materially impede
investigation by Public Procurement Regulatory Authority (PPRA) or any other appropriate
authority appointed by Government of Kenya into allegations of a corrupt, fraudulent,
coercive, or collusive practice; and/or threatening, harassing, or intimidating any party to
prevent it from disclosing its knowledge of matters relevant to the investigation or from
pursuing the investigation; or
i) Acts intended to materially impede the exercise of the PPRA's or the appointed
authority's inspection and audit rights provided for under paragraph 2.3e. below.

b) Defines more specifically, in accordance with the above procurement Act provisions set
forth for fraudulent and collusive practices as follows:
"Fraudulent practice" includes a misrepresentation of fact in order to influence a procurement
or disposal process or the exercise of a contract to the detriment of the procuring entity or the
tenderer or the vendor, and includes collusive practices amongst tenderers prior to or after
tender submission designed to establish tender prices at artificial non-competitive levels and to
deprive MLKH of the benefits of free and open competition.

c) Rejects a proposal or award1of a contract if PPRA determines that the firm or individual
recommended for award, any of its personnel, or its agents, or its sub-consultants, sub-
vendors, service providers, suppliers and/ or their employees, has, directly or indirectly,
engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing for
the contract in question;

d) Pursuant to the Kenya's above stated Acts and Regulations, may sanction or debar or
recommend to appropriate authority(ies) for sanctioning and debarment of a firm or
individual, as applicable under the Acts and Regulations;

e) Requires that a clause be included in Tender documents and Request for Proposal
documents requiring Tenderers (applicants/proposers),Consultants, Vendors, and Suppliers
and their Sub- vendors, Sub- consultants, Service providers, Suppliers, Agents personnel,
permit the PPRA or any other appropriate authority appointed by Government of Kenya to
inspect all accounts, records and other documents relating to the procurement process,
selection and/or contract execution, and to have them audited by auditors appointed by the
PPRA or any other appropriate authority appointed by Government of Kenya; and

f) Pursuant to Section 62 of the above Act, requires Applicants/Tenderers to submit

along with their Applications/Tenders/Proposals a “Self-Declaration Form” as included in the
procurement document declaring that they and all parties involved in the procurement
process and contract execution have not engaged/will not engage in any corrupt or
fraudulent practices.

P a g e 31 | 78
 FORM TECH-2: CONSULTANT'S ORGANIZATION AND EXPERIENCE

Form TECH-2: a brief description of the Consultant's organization and an outline of the recent
experience of the Consultant that is most relevant to the assignment. In the case of a joint
venture, information on similar assignments shall be provided for each partner. For each
assignment, the outline should indicate the names of the Consultant's Key Experts and Sub-
consultants who participated, the duration of the assignment, the contract amount (total and,
if it was done in a form of a joint venture or a sub-consultancy, the amount paid to the
Consultant), and the Consultant's role/involvement.

A - Consultant's Organization
Provide here a brief description of the background and organization of your company, and-in caseof
a joint venture-of each member for this assignment.

B - Consultant's Experience
1. List only previous similar assignments successfully completed in the last Five (5) years.

2. List only those assignments for which the Consultant was legally contracted by Procuring
Entity as a company or was one of the joint venture partners. Assignments completed by
the Consultant's individual experts working privately or through other consulting firms
cannot be claimed as the relevant experience of the Consultant, or that of the Consultant's
partners or sub-consultants, but can be claimed by the Experts themselves in their
Curriculum Vitae (CV).

3. The Consultant shall substantiate their claimed experience by presenting copies of relevant
documents such as the form of contract (not the whole contract), purchase order, service
order, performance certificate, etc.; which shall be included in the proposal as part of Form
Tech 7 Mandatory Documentary Evidence.

Assignment name: Approx. value of the contract [KES]

Country: Duration of assignment (months):

Name of Procuring Entity: Total No of staff engaged in the assignment:

Contact Approx. value of the services provided by your firm under

Address: the contract:
Email:
Start date No of professional staff provided by associated Consultants:
(month/year):
Completion date:
Role on Assignment: Name of senior professional staff of your firm involved and
(E.g. Lead Member in ABC functions performed:
JV, or Sole Consultant):

Narrative description of Assignment:

Description of actual services provided by your staff within the assignment:

Name of Consulting Firm: Name and Title of

Signatory:

P a g e 32 | 78
 FORMTECH 3:-COMMENTS AND SUGGESTIONS

The Consultant to provide comments and suggestions on the Terms of Reference,

counterpart staff and facilities to be provided by MLKH that could improve the
quality/effectiveness of the assignment; and on requirements for counterpart staff and
facilities, which are provided by MLKH, including: administrative support, office space, local
transportation, equipment, data, etc.

A - On the Terms of Reference

B - On Counterpart Staff and Facilities (admin support, office space, equipment, data,
reports, etc.,)

FORM TECH-4: DESCRIPTION OF APPROACH, METHODOLOGY, AND WORK PLAN

Give a description of the approach, methodology and work plan in responding to the terms
of reference for performing the assignment, including a detailed description of the proposed
methodology and staffing for training, if the Terms of Reference specify training as a specific
component of the assignment.

{The structure of your Technical Proposal}:

a) Technical Approach and Methodology

b) Work Plan

c) Organization and Staffing

i) Technical Approach and Methodology. Please explain your understanding of the

objectives of the assignment as outlined in the Terms of Reference (TORs), the technical
approach, and the methodology you would adopt for implementing the tasks to deliver the
expected output(s), and the degree of detail of such output. Please do not repeat/copy the
TORs in here.

ii) Work Plan. Please outline the plan for the implementation of the main activities/tasks
of the assignment, their content and duration, phasing and interrelations, milestones (including
interim approvals by MLKH), and tentative delivery dates of their ports. The proposed work plan
should be consistent with the technical approach and methodology, showing your understanding
of the TOR and ability to translate them into a feasible working plan. A list of the final
documents (including reports) to be delivered as final output(s) should be included here. The
work plan should be consistent with the Work Schedule Form.

iii) Organization and Staffing. Please describe the structure and composition of your team,
including the list of the Key Experts, Non-Key Experts and relevant technical and
administrative support. .

P a g e 33 | 78
 FORM TECH 5:-WORK SCHEDULE AND PLANNING FOR DELIVERABLES

Months
N° Deliverables 1 (D-..)
1 2 3 4 5 6 7 8 9 ..... n TOTAL
D-1 {e.g., Deliverable #1: Report A
1) data collection
2) drafting
3) inception report
4) incorporating comments
5) .........................................
6) delivery of final report to
Procuring Entity}

D-2 {e.g., Deliverable #2 ................ }

1 List the deliverables with the breakdown for activities required to produce them and other benchmarks such as
MLKH's approvals. For phased assignments, indicate the activities, delivery of reports, and benchmarks separately foreach
phase.

2 Duration of activities shall be indicated in a form of a bar chart.

3. Include a legend, if necessary, to help read the chart.

Page 34 /78
FORM TECH 6A: TEAM COMPOSITION, KEY ASSIGNMENTS AND EXPERT INPUT

Expert’s input (in person/month) per each Deliverable (listed in TECH-5) Total time-input (in
N° Name Months)
Position D-1 D-2 D-3 ........ D-... Home Field
KEY EXPERTS
{e.g., Mr. [Team Leader] [Home] [2 month] [1.0] [1.0]
K-1 Abbbb} [Field] [0.5 m] [2.5] [0]
K-2

K-3

Subtotal
NON-KEY EXPERTS
[Home]
N-1
[Field]
N-2

N
Subtotal
Total

1. For Key Experts, the input should be indicated individually for the same positions as required under the ITC Data Sheet 21.2
2. Months are counted from the start of the assignment/mobilization. One (1) month equals twenty-two (22) working (billable) days. One
working (billable) day shall be not less than eight (8) working (billable) hours.
3“Home” means work in the office in the expert’s country of residence. “Field” work means work carried out in Kenya, or outside the normal
residence of the Expert in Kenya or any other country outside the expert’s country of residence.

Full time input Part time input

Page 35 /78
 FORM TECH-6B: CURRICULUM VITAE (CV)
Position Title and No.
Name of Expert:
Date of Birth:
Country of Citizenship

Education: {List college/university or other specialized education, giving names of educational institutions, dates
attended, degree(s)/diploma(s) obtained}

Employment record relevant to the assignment: {Starting with present position, list in reverse order. Please
provide dates, name of employing organization, titles of positions held, types of activities performed and location
of the assignment, and contact information of previous Procuring Entity's and employing organization(s) who can
be contacted for references. Past employment that is not relevant to the assignment does not need to be
included.}

Period Employing organization and your Coun Summary of activities

Title/ position. Contact Information for try performed relevant to the
references Assignment
[e.g., [e.g., Ministry
May of…advisor/consultant to…
2011- For references: Tel ............./e-
present Mail……;
] Mr. Bbbbbb, deputy manager]

Membership in Professional Associations and Publications:

Language Skills (indicate only languages in which you can work):

Adequacy for the Assignment:

Detailed T asks Assigned on consultant’s Reference to Prior Work/Assignments that

Team of Experts: best Illustrates Capability to Handle the
Assigned Tasks
{List all deliverables/tasks as in TECH-
5 in
which the Expert will be involved)

Expert's contact information: (e-mail……………..............................…….

Phone………....................................……

I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes
myself, my qualifications, and my experience, and I am available to undertake the assignment in
case of an award. I understand that any misstatement or misrepresentation described herein may
lead to my disqualification or dismissal by MLKH, and/or sanctions by the PPRA

Name of Expert Signature Date

{day / month/year}

Name of authorized Signature. Date

Representative of the Consultant (the same who signs the Proposal

Page 36 / 78
FORMTECH-7: MANDATORY SUPPORT DOC

FORM TECH - 8: SELF-DECLARATIONFORMS

FORM SD1

SELF DECLARATION THAT THE PERSON/TENDERER IS NOT DEBARRED IN THE

MATTER OFTHE PUBLIC PROCUREMENT AND ASSET DISPOSAL ACT 2015.

I, ……………………………………., of Post Office Box .................................... being a resident

of
………………………………….. in the Republic of ...................................... do hereby make a
statement as follows: -

1. THAT I am the Company Secretary/Chief Executive/Managing

Director/Principal Officer/Director of
………....……………………………….. (Insert name of the Company) who is a Bidder in respect
of

Tender No.…………………. for……………………. (Insert tender title/description)

for…………………….
(Insert name of MLKH) and duly authorized and competent to make this statement.

2. THAT the aforesaid Bidder, its directors and sub-vendors have not been debarred
from participating in procurement proceeding under Part IV of the Act.

3. THAT what is deponed to here in above is true to the best of my knowledge, information
and belief.

…………………………………. ………………………………. …………………

Bidder Official Stamp (Signature) (Date)

Page 37 / 78
FORM SD2

SELF DECLARATION THAT THE PERSON/TENDERER WILL NOT ENGAGE IN ANY

CORRUPTOR FRAUDULENT PRACTICE.

I,………………………………………………………….. of P. O. Box ...............................................................being

a resident of………………………………….. in the Republic of do hereby make a statement as
follows: -

THATI am the Chief Executive/Managing Director/Principal Officer/Director of………..................

……………………………………. who is a Bidder in respect of Tender
for………………………………………………………………………………………………………
…………………………………………………………………………………………………………
…………………………………………………………………………………………………………
…………… (Insert tender title/description) for ................................................................ (Insert name of
Procuring Entity) and duly authorized and competent to make this statement.

1. THAT the aforesaid Bidder, its servants and/or agents /sub-vendors will not engage
in any corrupt or fraudulent practice and has not been requested to pay any inducement to
any member of the Board, Management, Staff and/or employees and/ or agents
of which is the Procuring Entity.

2. THAT the aforesaid Bidder, its servants and/or agents /sub-vendors have not offered
any inducement to any member of the Board, Management, Staff and/or employees and/or
agents of ................................. (name of Procuring Entity).

3. THAT the aforesaid Bidder will not engage /has not engaged in any corrosive
practice with other bidders participating in the subject tender.

4. THAT what is deponed to herein above is true to the best of my knowledge

information and belief.

…………………………………. ………………………………. ………………………

(Bidder Official Stamp) (Title) (Signature)

Page 38 / 78
 FORM SD3
DECLARATION AND COMMITMENT TO THE CODE OF ETHICS

I ............................................................................................................................................................................. (person) on
behalf of (Name of the Business/ Company/Firm) ...................................................................................... declare
that I have read and fully understood the contents of the Public Procurement & Asset Disposal
Act,2015, Regulations and the Code of Ethics for persons participating in Public Procurement and Asset
Disposal Activities in Kenya and my responsibilities under the Code.

I do here by commit to abide by the provisions of the Code of Ethics for persons participating in Public
Procurement and Asset Disposal.

NameofAuthorizedsignatory.....................................................................................................

Sign…………….....................................................................................................................

Position……………................................................................................................................

Office address……………………………………………….

Telephone…………………....……………. Email……………………………………………….....

Name oftheFirm/Company…………………………….......................................................................

Date………………………………………………………............................................................................

(Company Seal/ Rubber Stamp where applicable)

Witness

Name ………………………………………………………........................................................................

Sign………………………………………………………...........................................................................

Date……………………………………………………

Page 39 / 78
 FORM TECH - 9 : TENDER-SECURING DECLARATION FORM {r 46 and 155(2)}

The Bidder shall complete this Form in accordance with the instructions indicated

Date .......................................................................................(of Tender submission)

Tender No.:...................................................................................
To:...................................................................................[Name of Purchaser]

I/We, the undersigned, declare that:

1. I / We understand that, according to your conditions, bids must be supported by a Tender-

Securing Declaration.

2. I /We accept that I/we will automatically be suspended from being eligible for tendering in
any contract with the Purchaser or the period of time of[insert number of months or years]
starting on[insert date],if we are in breach of our obligation (s)under the bid conditions, because we–
(a) have withdrawn our tender during the period of tender validity specified by us in the Tendering
Data Sheet; or (b) having been notified of the acceptance of our Bid by the Purchaser during the
period of bid validity,(i) fail or refuse to execute the Contract, if required, or (ii) fail or refuse to
furnish the Performance Security, in accordance with the instructions to tenders.

3. I / We understand that this Tender Securing Declaration shall expire if

we are not the successful Tenderer (s), upon the earlier of:
a) Our receipt of a copy of your notification of the name of the successful Tenderer; or
b) Thirty days after the expiration of our Tender.

4. I/We understand that if I am /we are/in a Joint Venture, the Tender Securing Declaration must
be in the name of the Joint Venture that submits the bid, and the Joint Venture has not been
legally constituted at the time of bidding, the Tender Securing Declaration shall be in the names of
all future partners as named in the letter of intent.

Signed: ………………………………………………………………….……….

Capacity / title (director or partner or sole proprietor, etc.) ……….……………….

Name: ………………………………………………………………………………….

Duly authorized to sign the bid for and on behalf of .................................................. [insert complete name of

Tenderer] Dated on …………………. day of ...............................[Insert date of signing]

Seal or stamp

Page 40 / 78
 SECTION 4. FINANCIAL PROPOSAL - S T A N D A R D FORMS

Financial Proposal Standard Forms shall be used for the preparation of the FinancialProposal
according to the instructions provided in Section 2.

FIN-1 Financial Proposal Submission

FormFIN-2 Summary of Costs –

i. Grand Summary Cost Table

ii. Supply and installation summary table
iii. Recurrent cost summary table

Page 41 / 78
 FORM FIN-1: FINANCIAL PROPOSAL SUBMISSION FORM

............................................................... { Date}

To ......................................................................... [Name and address of Procuring Entity]

Dear Sirs:

We, the undersigned, offer to provide the services

for.......................................................................................................................... .........................................
.......................................................................................................................................................................
..................in accordance with your Request for Proposal dated ..................................... and our Technical
Proposal.

Our attached Financial Proposal is for the amount

............................................................................................................................................................................
............................................................................................................................................................................
............................{Amounts in words and figures}, including of all taxes in accordance with ITC24.2 in the
Data Sheet. The estimated amount is inclusive of all relevant costs.

Our Financial Proposal shall be valid and remain binding upon us, subject to the modifications
resulting from Contract negotiations, for the period of time specified in the ITC12.1 Datasheet.

Commissions and gratuities paid or to be paid by us to an agent or any third party relating to
preparation or submission of this Proposal and Contract execution, if we are awarded the
Contract, are listed below: {prepare a table with details and include; Name and Address, Amount
and Purpose of Commission of Agents or Gratuity, Currency, etc.}.

{If no payments are made or promised, add the following statement: “No commissions or
gratuities have been or are to be paid by us to agents or any third party relating to this
Proposal and Contract execution.”}

We understand you are not bound to accept any Proposal you receive.

We remain, yours
sincerely,

Signature ........................................................................(of authorized representative):

Full name: .....................................................................................

Name of Consultant...............................................................
Capacity..................................................................................{insert the person's capacity to sign for the
Consultant}
Physical Address ..................................................................... …………
Phone: ............................ Email: .....................................................................

{For a joint venture, either all members shall sign or only the lead member/consultant, in which case the
power of attorney to sign on behalf of all members shall be attached}

Page 42 / 78
FORM FIN-2: SUMMARY OF COSTS

1. Grand Summary Cost Table

Cost Price Relevant Total Price

[ Ksh] Taxes [Ksh]
[ Ksh]
1. Supply and Installation Costs
(from Supply and Installation Cost
Summary Table)
2. Recurrent Costs
(from Recurrent Cost Summary Table)
3. Grand Totals
(to Form of Tender)

Name of Tenderer:

Date

Signature _

Page 43 / 78
2. Supply and Installation Cost Summary Table

Item Supply& Price [ insert: [ insert:

No. Installation Local Foreign
Subsystem / Item Cost Sub-Table [ksh] Currency] Currency
No. Price A]Price
Eg Supply, installation, -
1.1 configuration, customization,
testing, commissioning and
maintenance of an
Enterprise
Resource Planning (ERP)
system per module
-
Eg
1.
2

SUB-TOTALS

TOTAL (To Grand Summary Table)

Note: - indicates not applicable; “Indicates repetition of table entry above.

Name of Tenderer:

Date
Authorized Signature of Tenderer:

Page 44 / 78
3. Recurrent Cost Summary Table

[ insert: [ insert: Foreign [ insert:

Line Recurrent Cost Kenya A ]Currency Foreign
Subsystem / Item shilling] Price Currency B]
Item Sub-Table No.
No. Price Price

Eg Eg Eg -- --
Y.1 Annual B
Maintenance
and License
costs

ETC ETC

Subtotals (to Grand Summary Table)

Note: Refer to the relevant Recurrent Cost Sub-Tables for the specific components that
constitute the Subsystem or line item in this summary table.
-- Not applicable

Name of Tenderer:

Date

Authorized Signature of Tenderer: _

P a g e 45 | 78
 SECTION 5. TERMS OF REFERENCE (TOR)

5.0 Objectives of ERP Solution

The main objective of investing in ERP based applications is to integrate all processes and systems.

The specific objectives include: -

1. Health ERP
(i) Implement a web-based Health Enterprise Resource Planning (ERP) system to automate
and integrate the specified MLKH’s operations/processes.

(ii) Review of the processes, workflows and any other workflow which departments shall
suggest during the implementation.

(iii) Automate all approvals and workflows through the system

(iv) Centralized implementation to enforce necessary controls and facilitate integrated end to
end enterprise solution, accurate and timely reporting.

(v) Dashboard capabilities to facilitate online status reporting and informed strategic
management decisions.
(vi) Integrate with other new/existing systems and platforms e.g., Banks, Payroll, Billing,
IFMIS and any other systems that shall be found necessary for MLKH’s operations.

(vii) Improve organizational productivity through the reduction of t i m e spent on

managing documents among others.

(viii) Provide periodical and adhoc reports.

2. Hardware and Infrastructure - the vendor shall provide the required computers to support the system
networking services to ensure full utility of the Health ERP.

3. Training – All cadres(staff) of MLKH to ensure full adoption of the solution

4. Support - other required services (24x7x365) to ensure 99.95% uptime of the HMIS ERP.

5.1. Scope of Work

For MLKH to get maximum benefit from implementing this system, the successful bidder will be
expected to: -
i. Study the current environment and MLKH’s processes;
ii. Evaluate the existing systems and get a detailed understanding of the current MLKH’s
operations;
iii. Carry out System analysis in relation to the MLKH’s functions and procedures;
iv. Undertake Analysis of the hardware for the new system: Provide specifications to MLKH on the
appropriate hardware requirements for the system. This includes server hardware and other
peripheral devices specifications that may be needed for the new environment.
v. Undertake Development, installation, customization, configuration, testing and commissioning of
the ERP system based on the Proposed Functionalities detailed in this document within 12 months,
P a g e 46 | 78
 in phases OR as will be agreed with MLKH.
vi. The vendor will be required to supply, develop, install, configure, test, commission, maintain and
support the ERP modules and apply adequate patches, upgrades, utilities and tools to achievefull
functionality as will be specified by the client.
vii. Preparation of a project proposal detailing implementation methodology, Training plans,
timelines and milestones.
viii. Training of staff on the system: This shall entail imparting skills required to enable users be able to
understand and have knowledge of the ERP system. Technical training that will involve the
provision of complete training of trainers on Administration of supplied ERP, system development
and training on related software including databases.
ix. The vendor should streamline integration of ERP solution with any existing system as may be required.
x. System data migration to the new system, test and implement the workflow solutions.
xi. Supply and install the required licenses and renewal program and the entitlements.
xii. Provide annual support and maintenance of the entire system for at least TWO years.
xiii. Must be able to integrate with Microsoft Office suite like outlook, excel to collaborate
effectively and share information.
xiv. Enable automatic offsite backup of the system.
xv. Supply the system’s documentation in the form of installation media, user manuals and
administration manuals.
5.1.1. Expected Deliverables
i. Inception Report giving a detailed understanding of the assignment.
ii. A detailed work plan with the resource requirements schedule.
iii. Functional Requirements Design
iv. Installed and c o m m i s s i o n e d Health Enterprise Resource Planning System
v. Training of administrators and end users
vi. Well functional and tested System source code
vii. System and User Manuals in hard and soft copy
viii. Monthly status reports
ix. Risk management report
x. Final project report
xi. Warranty of 1 year i.e. User and System support
xii. Proposed Hardware and Operating system requirements and specifications
xiii. Utility Requirements (other components required for the system to function properly)
5.1.2. Technology
The bidder must define the technology platform(s) to be used to fully deliver their proposed solution. This
should include:
i. The proposed components of the system (Names and versions)
ii. The application development environment.
iii. The database proposed.
iv. Operating system proposed.

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 v. Client or end-user operating systems supported
vi. The system must be scalable to accommodate growth in the user base as well as transactions.
(Comment on how this can be realized).
vii. Please elaborate on the open-endedness of the system to allow integration with other systems.
viii. Please describe the programming language/technology of the system.
ix. Setup of necessary IT security measures for the system;
x. Supply and installation/setup of the appropriate System, licenses and kits;
xi. The system must be highly available with an uptime of at least 99.9% availability.
xii. Network environment(s) supported.
NB: Bidders are expected to advice and where necessary provide the minimum hardware specifications for
the optimum operation of their solution.
For each SPECIFICATION, bidders are requested to provide a clear and concise explanation or provide
a cross-reference to where that explanation or supporting information can be found in other part of the
technical proposal.
Technology Transfer
5.1.3.
As part of the implementation process, it is the hope of MLKH that its implementation personnel can
gain significant expertise in both the technology used by the application as well as the inner workings of
the application itself. It is our requirement that you ensure that the team is familiar with all aspects of
your application.
5.1.4. Data Conversion and Migration
Bidders are required to create and submit a detailed technical proposal and duration for Data migration
and conversion requirements from the existing ERP to the new system that contain all the necessary
deliverables that the bidder will follow to ensure a smooth phased migration.
 Migration of data and synchronization from existing setup to new setup.
 Working with the ICT Section to move data from current applications and manual records to the
new setup/ERP system.
 Co-ordinate with existing system administrators of existing setup to ensure smooth data archival,
backup and replication.
 Responsibility of ensuring data synchronization lies with the bidder.
5.1.5. Training
The bidder will provide to MLKH a final system manual that is well detailed and it should be in soft copy. The
bidder shall provide training to internal users that will contain and not limited to the following: -
 Shall provide training to the internal users in the operational and technical aspect of the ERP
application being rolled out.
 Shall prepare the module specific training manuals and submit to the MLKH.
 The knowledge transfer shall include initial and ongoing training and skills development, training
materials, operations manuals, procedure manuals and deployment/installation guide.
 Bidder shall ensure necessary environment setup, data creation to conduct end user training.

P a g e 48 | 78
 Shall appoint trainers and organize training sessions on a timely basis and ensure that the
attendance, performance evaluations are recorded from trainees.
 Shall provide certificate to the trainees on successful completion of the training for using the ERP
application.

Following minimum training session needs to be conducted by Bidder after discussion with
management:

User Group Type of Training No. of Sessions

1. Executive The New version of the ERP One (1) session before the
Management system with MLKH testdata. system goes live and
acceptance of the system by
the top management.
2. Train the Hands on training to understand Training workshop not less
trainer usage of all the features of the new than 3days
(Business product suite
champion
s)
4. Function Training ERP application users Hands on training minimum
al Users as per the module they each 5working days
operate on.
5. Administrator Database Management Application Training workshop minimum
s ManagementTroubleshooting of the 5working days.
system Data Backup
Full access to codes

5.1.6. Health ERP License

For purposes of assisting with estimation of configuration requirements, the following information may be
used.
Total number of staff (with computing devices) in MLKH should be unlimited
The bidder is expected to propose a license structure which is most suitable to MLKH. The bidder
should give a detailed description of the licensing regime for the Health ERP.

5.1.7. System Management Annual Charges

Any charges such as annual maintenance, annual license fees and software support costs should be clearly
stated. The privileges that will be experienced by subscribing to such annual charges should be clearly
stated. e.g., Product upgrade at no additional cost etc.

MLKH expects that a minimum five (5) year subscription, maintenance and support agreement will be
offered. The support agreement must describe priority levels for system errors and include a guaranteed
response time for each priority level.

5.1.8. Estimated Implementation Schedule

Provide a detailed implementation schedule detailing the number of your staff required for timely
project delivery, the number of MLKH staff required to facilitate timely project delivery, and services
and material that is critical for the successful project implementation. Highlight the critical milestones
that are expected during project implementation with the approach to be taken for a successful timely
project implementation.

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 5.1.9. Technical Staff

i It is desirable that the majority of the proposed key professional staff must be stationed on premise during the
implementation period and should be permanent employees of the firm or have an extended and stable
working relationship with it.
ii Proposed professional staff must as a minimum, have the experience indicated in the bid document,
preferably working under conditions similar to those prevailing in Kenya.
iii Alternative professional staff shall not be proposed and only one Curriculum Vitae (CV) may be submittedfor
each position.

5.1.10. Post Stabilization

i. Bidder shall provide Product support after going live, as a part of this proposal by deputing
technical and functional consultants at site for not less than six months after implementation.
ii. During the stabilization period the bidder would help MLKH to correct any troubleshooting while
doing transactions or generating reports. The bidder will correct the user manuals and configuration
manuals if required.
iii. Any required configuration and/or customization required during this phase would be done by
bidder without any additional cost to the client.

5.1.11. Support and Maintenance requirements

After completion of the project, continuing support and maintenance activities will be required from the
Bidder for a period of time where the system will be on warranty and with continued support and
maintenance. This would also include on-site support; hence the bidder must demonstrate availability of local
support.
Bidders are required to provide a clause-by-clause response to the specifications in the given format. All bidders
are expected to demonstrate and give detailed information on how their proposed system meetsthe
requirements identified below:

Item Features Minimum Requirements Bidder’s Reference

No. Response Pages/Remarks
1. System • Indicate the period of warranty (not less
and than 12months)
infrastruct
ure • Hand over Intellectual Property Rights
Licensing related to the customization to MLKH,
including all related designs and all
relevant further documentation or propose
an agreeable escrow contractual
agreement.
• Grant to the MLKH license to access
and use the Software, including all
inventions, designs, and marks embodied in
the Software.

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• Such license to access and use the Software
shall be:
Non-exclusive;
Fully paid up and irrevocable Valid for use
within the processes of MLKH, within the
volume restrictions of the license structure
• The software should be permitted to be:
Used or copied for use on or with the
computer(s) for which it was acquired (if
specified in the Technical Requirements
and/or the bidder‘s bid), plus a backup
computer(s) of the same or similar capacity, if
the primary is (are) inoperative, and during a
reasonable transitional period when use is
being transferred between primary and
backup;
• Used or copied for use on or transferred to
a replacement computer(s), and use on the
original and replacement computer(s) may be
simultaneous during a reasonable transitional
period) provided that, if the Technical
Requirements and/or the Bidder’s bid
specifies a class of computer to which the
license is restricted and unless the Bidder
agrees otherwise in writing, the replacement
computer(s)is (are) within that class;
• If the nature of the System is such as to
permit such access, accessed from other
computers connected to the primary and/or
backup computer(s) by means of a local or
wide-area network or similar arrangement,
and used on or copied for use on those other
computers to the
extent necessary to that access;

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HEALTH MANAGEMENT INFORMATION ENTERPRISE RESOURCE PLANNING SYSTEM
(HMIS ERP) SPECIFICATIONS.

ERP) SPECIFICATIONS.

Out-patient  Capturing basic patient demographic information;

Registrations, including:
 Generation of out-patient ID;
 Consulting details;
 Clinical follow up;
 Lab test reports;
 Diagnosis;
 Insurance details;
 Patient bill status;
 Referral data; etc.
 Scheduling/ appointment module;
* Ability for Specialty & Subspecialty template development (e.g., for CCC
clinic)

 Capturing basic patient demographic information;

In-patient  Basic health record;
 Past medical history;
Admission-Transfer-
 Current medication;
Discharge (ATD)
 Details of ailment including allergy, disability, chronic diseases,
Process, including addiction, etc.;
 In-patient ID;
 Insurance details;
 Referral data;
 Patient admission from various sources (OPD, accidents &
emergency units, referrals, transfers from other hospitals / clinics,
etc.);
 Reservation of beds;
 In-patient care;
 Generation of Transfer Requests (if required);
 Operation details (if any);
 Medical images (if any);
 Lab tests scheduling
 Lab test reports;
 Patient bill status;
 Discharge details;
 Printing of Admission & Discharge slips / cards; etc.
 Set-up of Hospital Calendar capturing non-working days, day-care
Consulting timings, etc.;
Appointment  Scheduling multiple services
Management, including  Availability & Time-slot of Consulting Doctors as per day &
time combinations;

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  Search for Consulting Doctors as per service;
 Appointment Booking of Consulting Doctors on web interface,
access from smart phones, walk-in, etc.
 Booking of multiple slots for patients;
 Booking of multiple appointments per slot;
 Appointment cancellation / re-scheduling;
 Reminders via e-mail, SMS, etc.
 Capturing of whatever basic patient demographic information
Casualty & Emergency available at the time of registration of the casualty & updating of
Registrations & the same when fully available;
Management,  Consulting details;
including  Clinical follow up;
 Lab test reports;
 Diagnosis;
 Services bookings;
 Pharmacy / Surgical details;
 Statutory terms & reports; etc.
 The Clinical Care System shall broadly cover:
Clinical Care System
(CCS)

Clinical follow up,  Recording patient visit details like patient complaints, physician
including findings;
 medical prescriptions, diagnostic tests, follow-up information, etc.;
 Easy access to patient basic health records;
 Viewing of patient medication history & laboratory test results;
 Appointment for tests;
 Recording sample collection details;
 Authorization of laboratory test results (if applicable);
 Interface to medical equipment, billing & inventory; etc.
 Generation of Service Orders by Service Points like Clinics, Wards,
Medical imaging, OT, etc.;
including  Electronic processing;
 Service Order Tracking, including Service Point account for
material consumption against Service Order, detection of material
wastage, detection of loss of revenue at service point, etc.;
 Billing patients as per the services rendered, etc.

 An integrated imaging & reporting solution designed to ease the

operations of various equipment like colour dopler ultrasound,
endoscopy, microscopic camera, etc.;
 Image editing facility like annotation of notes, zoom, free-hand
drawing, cut, copy, paste, crop etc.;
 Viewing stored videos, clippings & images;
 Printing images or sending images by e-mail;

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  Creation of images from captured videos & storage in .jpg files;
 Linking of images / videos to patient data;
 DICOM support; etc.

 Ability for all the image storage to be on-line.

PACS Radiology  Ability to provide for the maintenance of the storage system without
loss of data or time.
 Ability to provide purge, archive and move lists by user-defined
criteria.
 Ability to track films at the following levels:
•Master Folder
•Subfolders
 Picture Archiving Communicating System (PACS) should be
implemented and connected to all Radiology modalities.
 PACS should be integrated with the HMIS ERP where films and
reports are easily accessed and previous images/ reports should be
available for any references.
 Ability to view radiographic images at wards, ER, clinics, with or
without reports.
 Ability to view primary and final reports for urgent cases at ER and
any selected area.
 Ordering Physicians have the ability to refer any unreported images
to radiologist requesting urgent report.
 Ability to view the same image in deferent areas such as wards, clinic
Etc.
 Ability to print high quality diagnostic images in hard copy or to be
saved on CD.
 Ability to send these images via internet or remote connection such
as outside hospital clinic along with reports.
 Maintenance of OT & staff calendar;
Operation Theatres  OT Scheduling including scheduling of providers & resources;
Management,  Material requisition;
including  Recording operation details like list of staff present, date of operation,
start & end time of operation, details of procedure notes & nurse
instructions, pre
 & post operation care procedures, etc.
 Interface to inventory & billing;
 Ability to access Patient Administration system for user defined data
Nursing & Ward items.
Management  Ability to link in with the order communications.
 Ability to include notification of patient's pending arrival including any
admission tests to be performed, the treatment proposed and the
condition of the patient, including the initial diagnosis. For surgery, the
theatre schedule must be notified, together with any preparation
required.
 Ability to record admissions, discharge and transfers at the wards to
update the bed census, confirm location of the patient and to notify
ancillary departments such as dietary.
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  Statistic of total hours that the nurse has spent with the patient, with
Quality Improvement procedures been made containing the nursing and medical diagnosis of
(Nursing the patient.
 Provide diagnostic control on reducing operational errors and minimize
Services)
incident (needle stick injury, drug error etc.)
 Infection Control (Nursing Services)
 Ability to record extra clinical details against a patient record for
infection control purpose like (HEP: A, B, C, HIV and other infectious
diseases.
 Ability to access user defined patient data from Patient
Administration data items.
 Ability to receive automatic notification of certain specific hospital
defined organisms growing from culture.
 Facilities to access patient clinical data (CBC, CRP etc.) date of
operation, etc.
 Ability to access date of admission and discharge of selective Patients.
 Ability to gather statistics according to international standards for
infection control.
 Ability to provide on line access to Accommodation usage by room
Bed Management  Ability to print bed utilization per ward, consultant and specialty
(Nursing o Daily
Services) o Monthly
 Ability to report bed days by
o Ward
o Consultant
o Specialty
o Diagnosis/classification
 Ability to analyze ward or room occupants by sex, service, age etc.
Procurement Module  Module for procurement store’s management and control
 The System should provide a reporting tool on issued stock to various
departments
Pharmacy Module  Module for Inpatient and outpatient pharmacy store’s management
and control

Electronic Medical
Records (EMR),
 Collated & formatted information on patients, as required;
including
 Search on patient records by patient name, patient ID, etc.;
 Complete clinical data repository, capturing basic patient
demographic
 details, medical history, consultations, diagnosis, laboratory reports,
medical images, medical treatment records, etc.
 Built-in reports and user-oriented report-writing capabilities, etc.

CSSD, including

 OT Equipment Set Register;

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  Sterilization Acceptance;
 Generation of Equipment list as per OT Schedule;
 Lead time adjustment for the Equipment;

Patient
 Computerized medical record
 Preventive healthcare
 Appointment booking on web, phone and mobile

Physician
 Online access to patient health records
 Computerized prescription
 Online referrals
 Paperless virtual office

Administrator
Optimum resource utilization
Computerized scheduling of staff and services
Online reports
The application architecture should be such that it has capability to deliver
the expectations of the hospital. Following are some of the salient points
that are desired from the architecture design:

Scalability
 New servers can be added dynamically to increase city
 Load balancing can be used to ensure that the servers are
proportionately utilized

Performance
 Application framework designed to ensure good performance
 Use of caching techniques
Security SSL
 Data encryption
 Firewall and DMZ provides security from outside attacks
 Application-level security in terms of user roles & responsibilities
Security must be addressed through OS security and application Security.
Please give details of the security architecture for the following
 Log in security
 Network security
 Operating System security
 Application related security
 Antivirus measures
 Intrusion Detection measures
 Intrusion prevention measures
Availability  24 x 7 availability

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 The HMIS ERP shall be based on fully redundant N -tier architecture
which is vendor agnostic like J2EE technology, which allows for
scalability, central management of business rules, reduced maintenance
and single point of deployment. Platform independent, and open-source
compliant application with web-based clients is what we are looking
forward to implement.
The HMIS solution must be based on N-tier Architecture (which makes
in completely vendor neutral/independent/agnostic, like J2EE), and some
of the highlights are:

Presentation Layer
 HTML: platform independent
 Browser based client: thin client model
 Compatibility with multiple browsers
 No client installation for application

Web Tier
 JSP / Servelets
 Open Source Rapid Application Development
 Support for open source servelet container

Application Layer
 Support for all leading application servelets
 Option for open source, free servers without loss of
performance / features
 Reusability i.e. component based
 Standards driven i.e. no vendor locking
 High availability
 Easy to upgrade i.e. server level upgrade only
The application should be platform independent at the server side,
and should allow any operating system from client side to connect to
the application over intranet or internet. Data mining and warehousing
support, providing multi-dimensional view of data, MIS and DSS reports
is desirable from the application.
We look forward to innovative solutions from the HMIS ERP Vendor.
Innovative Solutions These solutions should be such as to make the system easy to handle for the
user or inclusion of value-added solutions to the system. Some of the
solutions may be given for
1. Wireless access points in the hospital wards,
2. use of smart card for sponsored patients,
3. Biometric authentication
4. Connection to Smart Devices. or any other such solution
which the vendor considers for the HMIS ERP.
5. Queuing system for OPD patient turn

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 SECTION 7. CONDITIONS OF CONTRACT AND CONTRACT FORMS

Introduction

1. This Section includes two types of standard contract forms for: A Lump-Sum Contract and
a Time- Based Contract. Each type includes General Conditions of Contract (“GCC”) that shall not
be modified, and Special Conditions of Contract (“SCC”). The SCC includes clauses specific to each
contract to supplement, but not over- write or otherwise contradict, the General Conditions of
Contract.

2. Lump-Sum Contract. This type of contract is used mainly for assignments in which the
scope and the duration of the Services and the required output of the Consultant are clearly defined.
Payments are linked to outputs (deliverables) such as draft or final reports, drawings, bill of
quantities, bidding documents, or software programs. Lump-sum contracts are easier to
administer because they operate on the principle of a fixed price for a fixed scope, and payments
are due on clearly specified out puts and milestones. Never the less, quality control of the
Consultant's outputs by MLKH is paramount.

3. Time-Based Contract. This type of contract is appropriate when it is difficult to define or

fix the scope and the duration of the services, either because they are related to activities carried
out by others for which the completion period may vary, or because the input of the consultants
required for attaining the objectives of the assignment is difficult to assess. In time-based
contracts the Consultant provides services on a timed basis according to quality specifications,
and Consultant's remuneration is determined on the basis of the time actually spent by the
Consultant in carrying out the Services and is based on (i) agreed upon unit rates for the
Consultant's experts multiplied by the actual time spent by the experts in executing the
assignment, and (ii) reimbursable expenses using actual expenses and/or agreed unit prices. This
type of contract requires MLKH to closely supervise the Consultant and to be involved in the daily
execution of the assignment.

4. The templates are designed for use in assignments with consulting firms and shall not be
used for contracting of individual experts. In some consultancy assignments such as design and
construction supervision, both Lump- Sum and Time-Based Contracts are used and signed with
the Consultant. In that case, the Lump-Sum Contract would apply for the design part of the
Services while the construction supervision part would be based on a Time- Based Contract. In
such event, both types of contracts shall be signed at the same time.

Page 58 of 76
 CONTRACT FOR CONSULTANT'S SERVICES

Lump-Sum Contract

Consulting Services for:

Contract No.:

Contract Description:

Between

[Name of Client]

and

[Name of the Consultant]

Date:

Page 59 of 76
I. FORM OF CONTRACT - LUMP-SUM

(Text in brackets [ ] is optional; all notes should be deleted in the final text)

This CONTRACT (herein after called the “Contract”) is made the [number] day of the
month of [month], [year], between, on the one hand, [name of Procuring Entity] (herein
after called the “Procuring Entity”) and, on the other hand, [name of consultant] (herein
after called the “Consultant”).

[If the Consultant consists of more than one entity, the above should be partially amended to read as
follows: “… (hereinafter called the “Procuring Entity”) and, on the other hand, a Joint Venture
(name of the JV) consisting of the following entities, each member of which will be jointly and
severally liable to MLKH for all the Consultant's obligations under this Contract, namely, [name
of member]and [name of member] (herein after called the “Consultant”).]

WHEREAS
a) MLKH has requested the Consultant to provide certain consulting services as defined in
this Contract (herein after called the “Services”);
b) the Consultant, having represented to MLKH that it has the required professional
skills, expertise and technical resources, has agreed to provide the Services on the terms and
conditions set forth in this Contract;
c) MLKH has set aside a budget and funds toward the cost of the Services and intends
to apply a portion of these funds towards payments under this Contract;
NOW THEREFORE the parties hereto hereby agree as follows:

1. The following documents attached here to shall be deemed to form an integral part of this Contract:
a) The General Conditions of Contract;
b) The Special Conditions of Contract;
c) Appendices:
• Appendix A: Terms of Reference
• Appendix B: Key Experts
• Appendix C: Breakdown of Contract Price
• Appendix D: Form of Advance Payments Guarantee
In the event of any inconsistency between the documents, the following order of precedence
shall prevail: The Special Conditions of Contract; the General Conditions of Contract;
Appendix A; Appendix B; Appendix C; Appendix D. Any reference to this Contract shall
include, where the context permits, a reference to its Appendices.

2. The mutual rights and obligations of MLKH and the Consultant shall be as setfor
in the Contract, in particular:
a) The Consultant shall carryout the Services in accordance with the provisions of the
Contract; and
b) MLKH shall make payments to the Consultant in accordance with theprovisions
of the Contract.
IN WITNESS WHERE OF, the Parties here to have caused this Contract to be signed in their respective
names as of the day and year first above written.
For and on behalf of ..................................................... [Name of Procuring
Entity] [Authorized Representative of MLKH –name, title and signature]
For and on behalf of......................................................... [Name of Consultant or Name of a Joint
Venture] [Authorized Representative of the Consultant–name and signature]
[Note: For a joint venture, either all members shall sign or only the lead member, in which case the
power of attorney to sign on behalf of all members shall be attached.]
For and on behalf of each of the members of the Consultant.......................... [Insert the Name of theJoint
Venture] [Name of the lead member]

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 SECTION 8: GENERAL CONDITIONS OF CONTRACT

A. General Provisions

1. Definitions

1.1 Unless the context otherwise requires, the following terms whenever used in this Contract
have the following meanings:

a) “Applicable Law” means the laws and any other instruments having he force of law in Kenya.

b) “Consultant” means a legally-established professional consulting firm or entity selected by

MLKH to provide the Services under the signed Contract.

c) “Contract” means the legally binding written agreement signed between MLKH and the
Consultant and which includes all the attached documents listed in its paragraph1of the Form of
Contract (the General Conditions (GCC), the Special Conditions (SCC), and the Appendices).

d) “Procuring Entity” means MLKH that signs the Contract for the Services with theselected
Consultant.

e) “Day” means a working day unless indicated otherwise.

f) “Effective Date” means the date on which this Contract comes into force and effect pursuant
to Clause GCC 11.

g) “Experts” means, collectively, Key Experts, Non-Key Experts, or any other personnel of the
Consultant, Sub-consultant or JV member(s) assigned by the Consultant to perform the Services
or any part thereof under the Contract.

h) “Foreign Currency” means any currency other than the currency of Kenya.

i) “GCC” mean these General Conditions of Contract.

j) “Government” means the government of Kenya.

k) “Joint Venture (JV)” means an association with or without a legal personality distinct from that
of its members, of more than one entity where one member has the authority to conduct all businesses
for and on behalf of any and all the members of the JV, and where the members of the JV are jointly
and severally liable to MLKH for the performance of the Contract.

l) “Key Expert(s)” means an individual professional whose skills, qualifications, knowledge and
experience are critical to the performance of the Services under the Contract and whose Curricula Vitae
(CV) was taken into account in the technical evaluation of the Consultant's proposal.

m) “Local Currency” means the Kenya Shillings, the currency of Kenya.

n) “Non-Key Expert(s)” means an individual professional provided by the Consultant or its Sub-
consultant to perform the Services or any part here of under the Contract.

o) “Party” means MLKH or the Consultant, as the case may be, and “Parties” means both of them.

p) “SCC” means the Special Conditions of Contract by which the GCC may be amended or
supplemented but not over-written.

q) “Services” means the work to be performed by the Consultant pursuant to this Contract, as
described in Appendix A hereto.

r) “Sub-consultants” means an entity to whom/which the Consultant subcontracts any part of

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the Services while remaining solely liable for the execution of the Contract.
(s) “Third Party “means any person or entity other than the Government, MLKH, the
Consultant or a Sub-consultant.

2. Relationship between the Parties

1.1 Nothing contained herein shall be construed as establishing a relationship of master and
servant or of principal and agent as between MLKH and the Consultant. The Consultant,
subject to this Contract, has complete charge of the Experts and Sub- consultants, if any,
performing the Services and shall be fully responsible for the Services performed by them
or on their behalf hereunder.

3. Law Governing Contract

1.2 This Contract, its meaning and interpretation, and the relation between the Parties shall
be governed by the Laws of Kenya.

4. Language

4.1 This Contract has been executed in English language, which shall be the binding and
controlling language for all matters relating to the meaning or interpretation ofthis Contract.

5. Headings

5.1 The headings shall not limit, alter or affect the meaning of this Contract.

6. Communications

6.1 Any communication required or permitted to be given or made pursuant to this

Contract shall be in writing in the English Language. Any such notice, request or consent shall
be deemed to have been given or made when delivered in person to an authorized
representative of the Party to whom the communication is addressed, or when sent to such
Party at the address specified in the SCC.

6.2 A Party may change its address for notice here under by giving the other Party any
communication of such change to the address specified in the SCC.

7 Location

7.1 The Services shall be performed at such locations as are specified in Appendix A hereto
and, where the location of a particular task is not so specified, such locations, whether in
Kenya or elsewhere, will be as MLKH may approve.

8 Authority of Member in Charge

8.1 In case the Consultant is a Joint Venture, the members hereby authorize them ember
specified in the SCC to act on their behalf in exercising all the Consultant's rights and
obligations towards MLKH under this Contract, including without limitation the receiving of
instructions and payments from MLKH.

9 Authorized Representatives

9.1 Any action required or permitted to be taken, and any document required or
permitted to be executed under this Contract by MLKH or the Consultant may be taken
or executed by the officials specified in the SCC.

10 Corrupt and Fraudulent Practices

10.1 The government requires compliance with its policy regarding corrupt and
fraudulent/prohibited practices as set forth in its laws and policies.

10.2 Commissions and Fees- MLKH requires the Consultant to disclose any

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 commissions, gratuities or fees that may have been paid or are to be paid to agents or any
other party with respect to the selection process or execution of the Contract. The
information disclosed must include at least the name and address of the agent or other party,
the amount and currency, and the purpose of the commission, gratuity or fee. Failure to
disclose such commissions, gratuities or fees may result in termination of the Contract by
MLKH and/or sanctions by the PPRA.

B. Commencement, Completion, Modification and Termination of Contract

11 Effectiveness of Contract

11.1 This Contract shall come into force and effect on the date (the “Effective Date”) of MLKH's
notice to the Consultant instructing the Consultant to begin carrying out the Services. This notice shall
confirm that the effectiveness conditions, if any, listed in the SCC have been met.

12 Termination of Contract f or Failure to Become Effective

12.1 If this Contract has not become effective within such time period after the date of Contract
signature as specified in the SCC, either Party may, by not less than twenty-two (22) days written
notice to the other Party, declare this Contract to be null and void, and in the event of such a
declaration by either Party, neither Party shall have any claim against the other Party with respect
there to.

13 Commencement of Services

13.1 The Consultant shall confirm availability of Key Experts and begins carrying out the
Services not later than the number of days after the Effective Date specified in the SCC.

14 Expiration of Contract

14.1 Unless terminated earlier pursuant to Clause GCC19hereof, this Contract shall expire at
the end of such time period after the Effective Date as specified in the SCC.

15 Entire Agreement

15.1 This Contract contains all covenants, stipulations and provisions agreed by the Parties.
No agent or representative of either Party has authority to make, and the Parties shall not be bound
by or be liable for, any statement, representation, promise or agreement not set forth herein.

16 Modifications or Variations

16.1 Any modification or variation of the terms and conditions of this Contract, including any
modification or variation of the scope of the Services, may only be made by written agreement
between the Parties. However, each Party shall give due consideration to any proposals for
modification or variation made by the other Party.

17 Force Majeure

a. Definition

17.1 For the purposes of this Contract,“ Force Majeure” means event which is beyond the
reasonable control of a Party, is not foreseeable, is unavoidable, and makes a Party's performance
of its obligations hereunder impossible or so impractical as reasonably to be considered
impossible under the circumstances, and subject to those requirements, includes, but is not
limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood or other adverse
weather conditions, strikes, lockouts or other industrial action confiscation or any other action by
Government agencies.

17.2 Force Majeure shall not include (i) any event which his caused by the negligence or intentional
action of a Party or such Party's Experts, Sub-consultants or agents or employees, nor (ii) any
event which a diligent Party could reasonably have been expected to both take into account at the
time of the conclusion of this Contract and avoid or over come in the carrying out of its obligations
here under.

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17.3 Force Majeure shall not include insufficiency of funds or failure to make any payment
required here under.

b. No Breach of Contract

17.4 The failure of a Party to fulfill any of its obligations here under shall not be considered to
be a breach of, or default under, this Contract in so far as such inability arises from an event of
Force Majeure, provided that the Party affected by such an event has taken all reasonable
precautions, due care and reasonable alternative measures, all with the objective of carrying out
the terms and conditions of this Contract.

c. Measures to be taken

17.5 A party affected by an event of Force Majeure shall continue to perform its obligations under
the Contract as far as is reasonably practical and shall take all reasonable measures to minimize
the consequences of any event of Force Majeure.

17.6 A Party affected by an event of Force Majeure shall notify the other Party of such event as soon
as possible, and in any case not later than fourteen (14) calendar days following the occurrence of
such event, providing evidence of the nature and cause of such event, and shall similarly give written
notice of the restoration of normal conditions as soon as possible.

a) Any period within which a Party shall, pursuant to this Contract, complete any action or task,
shall be extended for a period equal to the time during which such Party was unable to perform such
action as a result of Force Majeure.

b) During the period of their inability to perform the Services as a result of an event of Force
Majeure, the Consultant, upon instructions by MLKH, shall either:
i) demobilize, in which case the Consultant shall be reimbursed for additional costs they
reasonably and necessarily incurred, and, if required by MLKH, in reactivating the Services; or
ii) Continue with the Services to the extent reasonably possible, in which case the Consultant
shall continue to be paid under the terms of this Contract and be reimbursed or additional costs
reasonably and necessarily incurred.

17.7 In the case of disagreement between the Parties as to the existence or extent of Force Majeure,
the matter shall be settled according to Clauses GCC 44 & 45.

18 Suspension

18.1 MLKH may, by written notice of suspension to the Consultant, suspend all payments to the
Consultant here under if the Consultant fails to perform any of its obligations under this Contract,
including the carrying out of the Services, provided that such notice of suspension (i)shall specify
the nature of the failure, and (ii) Shall request the Consultant to remedy such failure within a period
not exceeding thirty (30) calendar days after receipt by the Consultant of such notice of suspension.

19 Termination

19.1 This Contract may be terminated by either Party as per provisions set up below:

a. By MLKH

19.1.1 MLKH may terminate this Contract in case of the occurrence of any of the events specified in
paragraphs (a) through (f) of this Clause. In such an occurrence, MLKH shall give at least thirty (30)
calendar days' written notice of termination to the Consultant in case of the events referred to
in(a)through(d); at least sixty (60) calendar days' written notice in case of the event referred to in (e);
and at least five (5) calendar days 'written notice in case of the event referred to in (f):
a If the Consultant fails to remedy a failure in the performance of its obligations here under, as
specified in a notice of suspension pursuant to Clause GCC 18;

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b If the Consultant becomes (or, if the Consultant consists of more than one entity, if any of its
members becomes) insolvent or bankrupt or enter into any agreements with their creditors for relief
of debt or take advantage of any law for the benefit of debtors or go in to liquidation or receivership
whether compulsory or voluntary;
c If the Consultant fails to comply with any final decision reached as a result of arbitration
proceedings pursuant to Clause GCC 45.1;
d If, as the result of Force Majeure, the Consultant is unable to perform a material portion of
the Services for a period of not less than sixty (60) calendar days;
e If MLKH, in its sole discretion and for any reason whatsoever, decides to terminate this
Contract;
f If the Consultant fails to confirm availability of Key Experts as required in Clause GCC13.
19.1.2 Furthermore, if MLKH determines that the Consultant has engaged in corrupt, fraudulent,
collusive, coercive [or obstructive] practices, in competing for or in executing the Contract, then
MLKH may, after giving fourteen (14) calendar days written notice to the Consultant, terminate
the Consultant's employment under the Contract.

b. By the Consultant

a) The Consultant may terminate this Contract, by not less than thirty (30) calendar days'
written notice to MLKH, in case of the occurrence of any of the events specified in
paragraphs(a)through(d)of this Clause.
b) If MLKH fails to pay any money due to the Consultant pursuant to this Contract and not
subject to dispute pursuant to Clause GCC45.1withinforty-five (45) calendar days after
receiving written notice from the Consultant that such payment is overdue.
c) If, as the result of Force Majeure, the Consultant is unable to perform a material portion of
the Services for a period of not less than sixty (60) calendar days.
d) If MLKH fails to comply with any final decision reached as a result of arbitration pursuant
to Clause GCC45.1.
e) If MLKH is in material breach of its obligations pursuant to this Contract and has not remedied
the same within forty-five (45) days (or such longer period as the Consultant may have
subsequently approved in writing) following the receipt by MLKH of the Consultant’s notice
specifying such breach.

c. Cessation of Rights and Obligations

19.1.4 Upon termination of this Contract pursuant to Clauses GCC 12 or GCC 19 hereof, or
upon expiration of this Contract pursuant to Clause GCC14, all rights and obligations of the Parties
here under shall cease, except (i) such rights and obligations as may have accrued on the
date of termination or expiration, (ii) the obligation of confidentiality set forth in Clause GCC22,
(iii) the Consultant's obligation to permit in section, copying and auditing of their accounts and
records set forth in Clause GCC25, and (iv) any right which a Party may have under the Applicable
Law.

d. Cessation of Services

19.1.5. Upon termination of this Contract by notice of either Party to the other pursuant to Clauses
GCC 19a or GCC 19b, the Consultant shall immediately upon dispatch or receipt of such notice,
take all necessary steps to bring the Services to a close in a prompt and orderly manner and shall
make every reasonable effort to keep expenditures for this purpose to a minimum. With respect
to documents prepared by the Consultant and equipment and materials furnished by MLKH, the
Consultant shall proceed as provided, respectively, by Clauses GCC27or GCC28.

e. Payment upon Termination

19.1.6 Upon termination of this Contract, MLKH shall make the following payments to

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the Consultant:
a) Payment or Services satisfactorily performed prior to the effective date of termination; and
b) In the case of termination pursuant to paragraphs (d) and (e) of Clause GCC 19.1.1,
reimbursement of any reasonable cost incidental to the prompt and orderly termination of this
Contract, including the cost of the return travel of the Experts.

C. Obligation s of the Consultant

a. Standard of Performance

20.1 The Consultant shall perform the Services and carry out the Services with all due diligence,
efficiency and economy, in accordance with generally accepted professional standards and practices,
and shall observe sound management practices, and employ appropriate technology and safe and
effective equipment, machinery, materials and methods. The Consultant shall always act, in
respect of any matter relating to this Contract or to the Services, as a faithful adviser to MLKH, and
shall at all times support and safeguard MLKH's legitimate interests in any dealings with the third
parties.

20.2 The Consultant shall employ and provide such qualified and experienced Experts and Sub-
consultants as are required to carry out the Services.

20.3 The Consultant may subcontract part of the Services to an extent and with such Key
Experts and Sub- consultants as may be approved in advance by MLKH. Notwithstanding such
approval, the Consultant shall retain full responsibility for the Services.

b. Law Applicable to Services

20.4. The Consultant shall perform the Services in accordance with the Contract and the
Applicable Law and shall take all practicable steps to ensure that any of its Experts and Sub-
consultants, comply with the Applicable Law.

20.5 Throughout the execution of the Contract, the Consultant shall comply with the import of
goods and services prohibitions in Kenya when;
a As a matter of law or official regulations, Kenya prohibits commercial relations with that country; or
b by an act of compliance with a decision of the United Nations Security Council taken under
Chapter VII of the Charter of the United Nations, Kenya prohibits any import of goods from that
country or any payments to any country, person, or entity in that country.

20.6. MLKH shall notify the Consultant in writing of relevant local customs, and the
Consultant shall, after such notification, respect such customs.

21 Conflict of Interests

21.1 The Consultant shall hold MLKH’s interest paramount, without any consideration for
future work, and strictly avoid conflict with other assignments or their own corporate interests.

a. Consultant Not to Benefit from Commissions, Discounts, etc.

21.1.1 The payment of the Consultant pursuant to GCC F (Clauses GCC 38 through 42) shall
constitute the Consultant's only payment in connection with this Contract and, subject to Clause
GCC21.1.3,the Consultant shall not accept for its own benefit any trade commission, discount or
similar payment in connection with activities pursuant to this Contract or in the discharge of its
obligations here under, and the Consultant shall use its best efforts to ensure that any Sub-
consultants, as well as the Experts and agents of either of them, similarly shall not receive any
such additional payment.

21.1.2 Furthermore, if the Consultant, as part of the Services, has the responsibility of advising

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21.1.3 MLKH on the procurement of goods, works or services, the Consultant shall at all times
exercise such responsibility in the best interest of MLKH. Any discounts or commissions obtained
by the Consultant in the exercise of such procurement responsibility shall be for the account of
MLKH.

b. Consultant and Affiliates Not to Engage in Certain Activities

21.1.4 The Consultant agrees that, during the term of this Contract and after its termination, the
Consultant and any entity affiliated with the Consultant, as well as any Sub-consultants and
any entity affiliated with such Sub- consultants, shall be disqualified from providing goods, works
or non-consulting services resulting from or directly related to the Consultant's Services for the
preparation or implementation of the project.

c. Prohibition of Conflicting Activities

21.1.5 The Consultant shall not engage and shall cause its Experts as well as its Sub- consultants
not to engage, either directly or indirectly, in any business or professional activities that would
conflict with the activities assigned to them under this Contract.

d. Strict Duty to Disclose Conflicting Activities

21.1.6 The Consultant has an obligation and shall ensure that its Experts and Sub-consultants
shall have an obligation to disclose any situation of actual or potential conflict that impacts
their capacity to serve the best interest of their Procuring Entity, or that may reasonably be
perceived as having this effect. Failure to disclose said situations may lead to the disqualification
of the Consultant or the termination of its Contract.

22 Confidentiality

22.1 Except with the prior written consent of MLKH, the Consultant and the Experts shall not at
any time communicate to any person or entity any confidential information acquired in the
course of the Services, nor shall the Consultant and the Experts make public the
recommendations formulated in the course of, or because of, the Services.

23 Liability of the Consultant

23.1 Subject to additional provisions, if any, set for in the SCC, the Consultant’s liability under
this Contract shall be as determined under the Applicable Law.

24 Insurance to be taken out by the Consultant

24.1 The Consultant (i) shall take out and maintain and shall cause any Sub-consultants to take
out and maintain, at its (or the Sub-consultants', as the case may be) own cost but on terms and
conditions approved by MLKH, insurance against the risks, and for the coverage specified in the
SCC, and (ii) at MLKH's request, shall provide evidence to MLKH showing that such insurance has
been taken out and maintained and that the current premiums therefore have been paid. The
Consultant shall ensure that such insurance is in place prior to commencing the Services as stated
in Clause GCC13.

25 Accounting, Inspection and Auditing

25.1 The Consultant shall keep and shall make all reasonable efforts to cause its Sub- consultants
to keep, accurate and systematic accounts and records in respect of the Services and in such
form and detail as will clearly identify relevant time changes and costs.

25.2 The Consultant shall permit and shall cause its Sub-consultants to permit, the PPRA and/
or persons appointed by the PPRA to inspect the Site and /or all accounts and records relating
to the performance of the Contract and the submission of the Proposal to provide the Services,
and to have such accounts and records audited by auditors appointed by the PPRA if requested
by the PPRA. The Consultant's attention is drawn to Clause GCC10 which provides, interlaid,that
acts intended to materially impede the exercise of the PPRA's inspection and audit rights
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25.3 Provided for under this ClauseGCC25.2 constitute a prohibited practice subject to contract
termination (as well as to a determination of in eligibility under the PPRA’s prevailing sanctions
procedures.)

26 Reporting Obligations

26.1 The Consultant shall submit to MLKH the reports and documents specified in Appendix A,
in the form, in the numbers and within the time periods set forth in the said Appendix.

27 Proprietary Rights of MLKH in Reports and Records

27.1 Unless otherwise indicated in the SCC, all reports and relevant data and informationsuch
as maps, diagrams, plans, databases, other documents and software, supporting records or
material compiled or prepared by the Consultant for MLKH in the course of the Services shall be
confidential and become and remain the absolute property of MLKH. The Consultant shall, not
later than upon termination or expiration of this Contract, deliver all such documents to MLKH,
together with a detailed inventory thereof. The Consultant may retain a copy of such documents,
data and/or software but shall not use the same for purposes unrelated to this Contract without
prior written approval of MLKH.

27.2 If license agreements are necessary or appropriate between the Consultant and third
parties for purposes of development of the plans, drawings, specifications, designs, databases,
other documents and software, the Consultant shall obtain MLKH's prior written approval to such
agreements, and MLKH shall be entitled at its discretion to require recovering the expenses
related to the development of the program(s) concerned. Other restrictions about the future use
of these documents and software, if any, shall be specified in the SCC.

28 Equipment, Vehicles and Materials

28.1 Equipment, vehicles and materials made available to the Consultant by MLKH or purchased
by the Consultant wholly or partly with funds provided by MLKH, shall be the property of MLKH
and shall be marked accordingly. Upon termination or expiration of this Contract, the
Consultant shall make available to MLKH an inventory of such equipment, vehicles and materials
and shall dispose of such equipment, vehicles and materials in accordance with MLKH's
instructions. While in possession of such equipment, vehicles and materials, the Consultant,
unless otherwise instructed by MLKH in writing, shall insure them at the expense of MLKH in an
amount equal to their full replacement value.

28.2 Any equipment or materials brought by the Consultant or its Experts into Kenya for the
use either for the project or personal use shall remain the property of the Consultant or the
Experts concerned, as applicable.

D. Consultant's Experts and Sub-consultants

29 Description of Key Experts

29.1 The title, agreed job description, minimum qualification and estimated period of
engagement to carry out the Services of each of the Consultant's Key Experts are described in
Appendix B.

30 Replacement of Key Experts

30.1 Except as MLKH may otherwise agree in writing, no changes shall be made in the Key
Experts.

30.2 Notwithstanding the above, the substitution of Key Experts during Contractexecution
may be considered only based on the Consultant's written request and due to circumstances
outside the reasonable control of the Consultant, including but not limited to

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30.3 Death or medical in capacity. In such case, the Consultant shall forth with provide as
a replacement, a person of equivalent or better qualifications and experience, and at the same
rate of remuneration.

31 Removal of Experts or Sub-consultants

31.1 If MLKH finds that any of the Experts or Sub-consultant has committed seriousmisconduct
or has been charged with having committed a criminal action, or shall the Procuring Entity
determine that Consultant's Expert of Sub consultant have engaged in corrupt, fraudulent,
collusive, coercive [or obstructive] practice while performing the Services, the Consultant shall,
at MLKH's written request, provide a replacement.

31.2 In the event that any of Key Experts, Non-Key Experts or Sub-consultants is found by MLKH
to be in competent or in capable in discharging assigned duties, MLKH, specifying the grounds
therefore, may request the Consultant to provide a replacement.

31.3 Any replacement of the removed Experts or Sub consultants shall possess better
qualifications and experience and shall be acceptable to MLKH.

31.4 The Consultant shall bear all costs arising out of or incidental to any removal and/or
replacement of such Experts.

E. Obligations of MLKH

32 Assistance and Exemptions

32.1 Unless otherwise specified in the SCC, MLKH shall use its best efforts to:
a Assist the Consultant with obtaining work permits and such other documents as shall be
necessary to enable the Consultant to perform the Services.
b Assist the Consultant with promptly obtaining, for the Experts and, if appropriate, their
eligible dependents, all necessary entry and exit visas, residence permits, exchange permits and
any other documents required for their stay in Kenya while carrying out the Services under the
Contract.

c Facilitate prompt clearance through customs of any property required for the Services and of the
personal effects of the Expert sand their eligible dependents.
d Issue to officials, agents and representatives of the Government all such instructions and
information as may be necessary or appropriate for the prompt and effective implementation of the
Services.
e Assist the Consultant and the Experts and any Sub-consultants employed by the Consultant
for the Services with obtaining exemption from any requirement to register or obtain any permit
to practice their profession or to establish themselves either individually or as a corporate entity
in Kenya according to the applicable law in Kenya
f Assist the Consultant, any Sub-consultants and the Experts of either of them with obtaining
the privilege, pursuant to the applicable law in Kenya, of bringing in to Kenya reasonable amounts
of foreign currency for the purposes of the Services or for the personal use of the Experts and of
withdrawing any such amounts as may be earned therein by the Experts in the execution of the
Services.
g Provide to the Consultant any such other assistance as may be specified in the SCC.

33 Access to Project Site

33.1 MLKH warrants that the Consultant shall have, free of charge, unimpeded access to the
project site in respect of which access is required for the performance of the Services. MLKH will be
responsible for any damage to the project site or any property thereon resulting from such access
and will indemnify the Consultant and each of the experts in respect of liability for any such
damage, unless such damage is caused by the willful default or negligence of the Consultant or any
Sub-consultants or the Experts of either of them.
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34 Change in the Applicable Law Related to Taxes and Duties

34.1 If, after the date of this Contract, there is any change in the applicable law in Kenya with respect
to taxes and duties which increases or decreases the cost incurred by the Consultant in performing
the Services, then the remuneration and reimbursable expenses otherwise payable to the Consultant
under this Contract shall be increased or decreased accordingly by agreement between the Parties
hereto, and corresponding adjustments shall be made to the Contract price amount specified in Clause
GCC 39.1

35 Services, Facilities and Property of MLKH

35.1 MLKH shall make available to the Consultant and the Experts, for the purposes of the
Services and free of any charge, the services, facilities and property described in the Terms of
Reference (Appendix A) at the times and in the manner specified in said Appendix A.

36 Counterpart Personnel

36.1 MLKH shall make available to the Consultant free of charge such professional and support
counterpart personnel, to be nominated by MLKH with the Consultant's advice, if specified in
Appendix A.

36.2 Professional and support counterpart personnel, excluding Procuring Entity's liaison
personnel, shall work under the exclusive direction of the Consultant. If any member of the
counterpart personnel fails to perform adequately any work as signed to such member by the
Consultant that is consistent with the position occupied by such member, the Consultant may
request the replacement of such member, and MLKH shall not unreasonably refuse to act upon
such request.

37 Payment Obligation

37.1 In consideration of the Services performed by the Consultant under this Contract, MLKH
shall make such payments to the Consultant for the deliverables specified in Appendix A and in
such manner as is provided by GCCF below.

F. Payments to the Consultant

38 Contract Price
38.1 The Contract price is fixed and is set forth in the SCC. The Contract price breakdown
is provided in Appendix C.

38.2 Any change to the Contract price specified in Clause 38.1 can be made only if the Parties
have agreed to the revised scope of Services pursuant to Clause GCC 16 and have amended in writing
the Terms of Reference in Appendix A.

39 Taxes and Duties

39.1 The Consultant, Sub-consultants and Experts are responsible for meeting any and all tax
liabilities arising out of the Contract unless it is stated otherwise in the SCC. Currency of
Payment

39.2 Any payment under this Contract shall be made in the currency (ies) of the Contract.

40 Mode of Billing and Payment

40.1 The total payments under this Contract shall not exceed the Contract price set forth in

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Clause GCC 38.1.

40.2 The payments under this Contract shall be made in lump-sum installments against
deliverables specified in Appendix A. The payments will be made according to the payment
schedule stated in the SCC.

40.2.1 Advance payment: Unless otherwise indicated in the SCC, an advance payment shall only be
made against an advance payment bank guarantee acceptable to MLKH in an amount (or
amounts) and in a currency (or currencies) specified in the SCC. Such guarantee, (i) is to remain
effective until the advance payment has been fully set off, and (ii) is to be in the form set forth in
Appendix D, or in such other form as MLKH shall have approved in writing. The advance payments
will be set off by MLKH in equal portions against the lump-sum installments specified in the SCC
until said advance payments have been fully set off.

40.2.2 The Lump-Sum Installment Payments. MLKH shall pay the Consultant within sixty
(60) days after the receipt by MLKH of the deliverable(s) and the cover invoice for the related
lump-sum installment payment. The payment can be withheld if MLKH does not approve the
submitted deliverable(s) as satisfactory in which case MLKH shall provide comments to the
Consultant within the same sixty (60) days period. The Consultant shall thereupon promptly
make any necessary corrections, and there after the fore going process shall be repeated.

40.2.3 The Final Payment: The final payment under this Clause shall be made only after the final report
has been submitted by the Consultant and approved as satisfactory by MLKH. The Services shall then
be deemed completed and finally accepted by MLKH. The last lump-sum installment shall be deemed
approved for payment by MLKH within ninety (90) calendar days after receipt of the final report
by MLKH unless MLKH, within such ninety (90) calendar day period, gives written notice to the
Consultant specifying in detail deficiencies in

40.2.4 The Services, the final report. The Consultant shall thereupon promptly make any
necessary corrections, and there after the fore going process shall be repeated.

40.2.5 All payments under this Contract shall be made to the accounts of the Consultant specified
in the SCC.

40.2.6 With the exception of the final payment under 40.2.3 above, payments do notconstitute
acceptance of the whole Services nor relieve the Consultant of any obligations here under.

41 Interest on Delayed Payments

41.1 If MLKH had delayed payments beyond thirty (30) days after the due date stated in Clause
GCC 41.2.2, interest shall be paid to the Consultant on any amount due by, not paidon, such
due date for each day of delay at the annual rate stated in the SCC.

G. Fairness and Good Faith

42 Good Faith
42.1 The Parties undertake to act in good faith with respect to each other's rights under this
Contract and to adopt all reasonable measures to ensure the realization of the objectives of this
Contract.

H. Settlement of Disputes

43 Amicable Settlement

43.1.2 The Parties shall seek to resolve any dispute amicably by mutual consultation.

43.1.3 If either Party objects to any action or in action of the other Party, the objecting Party may
file a written Notice of Dispute to the other Party providing in detail the basis of the dispute. The
Party receiving the Notice of Dispute will consider it and respond in writing within fourteen (14) days
after receipt. If that Party fails to respond within fourteen (14) days, or the

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(14) days following the response of that Party, Clause GCC 45.1 shall apply.

44 Dispute Resolution
44.1.2 Any dispute between the Parties arising under or related to this Contract that cannot
be settled amicably may be referred to by either Party to the adjudication/arbitration in
accordance with the provisions specified in the SCC.

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1. REQUEST FOR REVIEW

FORM FOR REVIEW (r.203 (1))

PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD

APPLICATION NO…………….OF……….….20……...

BETWEEN

…………………………...……………………………
….APPLICANT AND

…………………………………RESPONDENT (Procuring Entity)

Request for review of the decision of the…………… (Name of MLKH of .....................dated the…day
of ………….20……….in the matter of Tender No………..…of …………..20 ........for
.............................................................................................................................. (Tender
description).

REQUEST FOR REVIEW

I/We… .................................. , the above named Applicant(s), of address: Physical address .P. O.
Box No…………. Tel. No……..Email ..........., hereby request the Public Procurement Administrative
Review Board to review the whole/part of the above mentioned decision on the following
grounds, namely:
1.
2.
By this memorandum, the Applicant requests the Board for an
order/orders that:1.
2.
SIGNED … …………….(Applicant) Dated on…………….day of ……………/…20……
___
FOR OFFICIAL USE ONLY Lodged with the Secretary Public Procurement Administrative Review Board
on…………day of ………....20….………
SIGNED
Board Secretary

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2. LETTER OF AWARD

[Use letterhead paper of MLKH] [Date] To: [name and address of the winning

Consultant] Subject: Notification of Award Contract No...........

This is to notify you that your Proposal dated [insert date] for consulting services for
[name of the assignment] as negotiated with you on for the contract
amount of
[Insert amount in numbers and words and name of currency] is here by accepted by
Our
agency.

You are requested to:(i) sign and return the draft negotiated Contract attached here with within
eight (8) Business Days from the date of receipt of this notification; and (ii) furnish the additional
information on beneficial ownership in accordance with the Data Sheet of ITC 32.1 within eight
(8) days using the Beneficial Ownership Disclosure Form, included in Section 7 of theRequest of
Proposals.

Authorized Signature:

Name and Title of Signatory:

Name of Agency:

Attachment: Draft Negotiated Contract

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4 BENEFICIAL OWNERSHIP DISCLOSURE FORM

INSTRUCTIONS TO CONSULTANTS: DELETE THIS BOX ONCE YOU HAVE COMPLETED THE
FORM

This Beneficial Ownership Disclosure Form (“Form”) is to be completed by the successful Consultant. In case
of joint venture, the Consultant must submit a separate Form for each member. The beneficial ownership
information to be submitted in this Form shall be current as of the date of its submission.

For the purposes of this Form, a Beneficial Owner of a Consultant is any natural person who ultimately owns or
controls the Consultant by meeting one or more of the following conditions:

• Directly or indirectly holding 25% or more of the shares.

• Directly or indirectly holding 25% or more of the voting rights.
• Directly or indirectly having the right to appoint a majority of the board of directors or equivalent
governing body of the Consultant.

Request for Proposal Reference N o .: [insert

identification no] Name of the Assignment: [insert name of
the assignment] to: [insert complete name of Procuring Entity]

In response to your notification of award dated [insert date of notification o f a w a r d ]

to furnish additional information on beneficial ownership: [select one option as applicable
and delete the options that are not applicable]

I) We here by provide the following beneficial ownership information.

Details of beneficial ownership

Identity ofBeneficial Directly or Directly or indirectly Directly or indirectly having

Owner indirectly holding 25 % or the
holding 25% or more of the Voting right to appoint a majority of
more of the Rights (Yes / No) the board of the directors or an
shares equivalent governing body of
(Yes / No) the
Consultant
(Yes / No)
[include full name(last,
middle, first),nationality,
country of
residence]

OR

ii) We declare that there is no Beneficial Owner meeting one or more of the following conditions:
directly or indirectly holding 25% or more of the shares. Directly or indirectly holding 25% or moreofthe
voting rights. Directly or indirectly having the right to appoint a majority of the board of directorsor
equivalent governing body of the Consultant.

OR

iii) We declare that we are unable to identify any Beneficial Owner meeting one or more of
the following conditions. [If this option is selected, the Consultant shall provide explanation on why it is
unable to identify any Beneficial Owner]

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Directly or indirectly holding 25% or more of the shares. Directly or indirectly holding25% or
more of the voting rights.
Directly or indirectly having the right to appoint a majority of the board of directors or
equivalent governing body of the Consultant]”

Name of the Consultant: .............................. *[insert complete name of the Consultant]

NameofthepersondulyauthorizedtosigntheProposalonbehalfoftheConsultant: ** [insert complete nameof

person duly authorized to sign the Proposal]

Title of the person signing the Proposal ................................. [insert complete title of the person signing the
Proposal]

Signature of the person named above: ....................... [Insert signature of person whose name and capacity are
shown above]

Date signed....................... [Insert date of signing] day of ................................ [Insert month], [insert year]

*In the case of the Proposal submitted by a Joint Venture specify the name of the Joint Venture as
Consultant. In the event that the Consultant is a
Joint venture, each reference to “Consultant” in the Beneficial Ownership Disclosure Form (including this
Introduction there to) shall be read to refer to the joint venture member.

**Person signing the Proposal shall have the power of attorney given by the Consultant. The
power of attorney shall be attached with the Proposal Schedules.

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